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:

 2-1           (a)  An early voting ballot application must include:

 2-2                 (1)  the applicant's name and the address at which the

 2-3     applicant is registered to vote;

 2-4                 (2)  for an application for a ballot to be voted by

 2-5     mail on the ground of absence from the county of residence, the

 2-6     address outside the applicant's county of residence to which the

 2-7     ballot is to be mailed;

 2-8                 (3)  for an application for a ballot to be voted by

 2-9     mail on the ground of age or disability, the address of the

2-10     hospital, nursing home or other long-term care facility, or

2-11     retirement center, or of a person related to the applicant within

2-12     the second degree by affinity or the third degree by consanguinity,

2-13     as determined under Chapter 573, Government Code, if the applicant

2-14     is living at that address and that address is different from the

2-15     address at which the applicant is registered to vote;

2-16                 (4)  for an application for a ballot to be voted by

2-17     mail on the ground of confinement in jail, the address of the jail

2-18     or of a person related to the applicant within the degree described

2-19     by Subdivision (3);

2-20                 (5)  for an application for a ballot to be voted by

2-21     mail on any ground, [and] an indication of each election for which

2-22     the applicant [voter] is applying for a ballot; and

2-23                 (6) [(3)]  an indication of the ground of eligibility

2-24     for early voting.

2-25           SECTION 4.  Section 84.0041(b), Election Code, is amended to

2-26     read as follows:

2-27           (b)  An offense under this section is a Class A [B]

 3-1     misdemeanor.

 3-2           SECTION 5.  Section 84.011(a), Election Code, is amended to

 3-3     read as follows:

 3-4           (a)  The officially prescribed application form for an early

 3-5     voting ballot must include:

 3-6                 (1)  immediately preceding the signature space the

 3-7     statement:  "I certify that the information given in this

 3-8     application is true, and I understand that giving false information

 3-9     in this application is a crime.";

3-10                 (2)  a statement informing the applicant [voters] of

3-11     the offense prescribed by Section 84.004;

3-12                 (3)  spaces for entering an applicant's voter

3-13     registration number and county election precinct of registration,

3-14     with a statement informing the applicant that failure to furnish

3-15     that information does not invalidate the application; and

3-16                 (4)  on an application for a ballot to be voted by

3-17     mail:

3-18                       (A)  a space for an applicant applying on the

3-19     ground of absence from the county of residence to indicate the date

3-20     on or after which the applicant can receive mail at the address

3-21     outside the county;

3-22                       (B)  a space for indicating the fact that an

3-23     applicant whose application is signed by a witness cannot make the

3-24     applicant's [his] mark and a space for indicating the relationship

3-25     or [the] lack of relationship of the witness to the applicant;

3-26     [and]

3-27                       (C)  a space for entering an applicant's

 4-1     telephone number, with a statement informing the applicant that

 4-2     failure to furnish that information does not invalidate the

 4-3     application;

 4-4                       (D)  a space or box for an applicant applying on

 4-5     the ground of age or disability to indicate that the address to

 4-6     which the ballot is to be mailed is the address of a facility  or

 4-7     relative described by Section 84.002(a)(3), if applicable;

 4-8                       (E)  a space or box for an applicant applying on

 4-9     the ground of confinement in jail to indicate that the address to

4-10     which the ballot is to be mailed is the address of a relative

4-11     described by Section 84.002(a)(4), if applicable;

4-12                       (F)  a space for entering the name of any person

4-13     assisting the applicant;

4-14                       (G)  a statement informing the applicant of the

4-15     condition prescribed by Section 81.005; and

4-16                       (H)  a statement informing the applicant of the

4-17     requirement prescribed by Section 86.003(c).

4-18           SECTION 6.  Section 84.012, Election Code, is amended to read

4-19     as follows:

4-20           Sec. 84.012.  CLERK TO MAIL APPLICATION FORM ON REQUEST.  The

4-21     early voting clerk shall mail without charge an appropriate

4-22     official application form for an early voting ballot to each

4-23     applicant [person] requesting the clerk to send the applicant [him]

4-24     an application form.

4-25           SECTION 7.  Section 84.032(d), Election Code, is amended to

4-26     read as follows:

4-27           (d)  An applicant may also submit a request [on election day]

 5-1     by appearing in person [at the applicant's precinct polling place]

 5-2     and returning the ballot to be voted by mail or presenting a notice

 5-3     received under Section 86.006(e) to:

 5-4                 (1)  the early voting clerk or deputy early voting

 5-5     clerk at any polling place that is open for early voting by

 5-6     personal appearance; or

 5-7                 (2)  the presiding election judge on election day at

 5-8     the applicant's precinct polling place.

 5-9           SECTION 8.  Section 84.033(c), Election Code, is amended to

5-10     read as follows:

5-11           (c)  If the request complies, the presiding election judge

5-12     shall enter on the returned ballot or the notice, as applicable,

5-13     "canceled," place it and the request in an envelope, and deposit

5-14     the envelope in ballot box no. 4.  The applicant's application is

5-15     considered to be canceled.

5-16           SECTION 9.  Section 85.031, Election Code, is amended to read

5-17     as follows:

5-18           Sec. 85.031.  ACCEPTING VOTER.  (a)  For each person [If an

5-19     applicant is] entitled to vote an early voting ballot by personal

5-20     appearance, the early voting clerk shall follow the procedure for

5-21     accepting a regular voter on election day, with the modifications

5-22     necessary for the conduct of early voting.

5-23           (b)  A signature roster is not required to be maintained at

5-24     an early voting polling place.

5-25           (c)  On accepting a voter [If an applicant does not enter the

5-26     applicant's voter registration number or county election precinct

5-27     of residence on the application, or enters an incorrect number or

 6-1     precinct, the clerk shall enter the appropriate information on the

 6-2     application before permitting the applicant to vote.]

 6-3           [(d)  If the applicant is accepted to vote], the clerk shall

 6-4     indicate beside the voter's [applicant's]  name on the list of

 6-5     registered voters or registration omissions list, as applicable,

 6-6     that the voter is [applicant was] accepted  to vote by personal

 6-7     appearance unless the form of either list makes it impracticable to

 6-8     do so, and the clerk shall enter the voter's [applicant's] name on

 6-9     the poll list.

6-10           SECTION 10.  Subchapter B, Chapter 85, Election Code, is

6-11     amended by adding Section 85.0311 to read as follows:

6-12           Sec. 85.0311.  EARLY VOTING CLERK TO SIGN BALLOTS.  (a)  The

6-13     early voting clerk's initials shall be placed on the back of each

6-14     ballot to be used at the polling place.

6-15           (b)  The early voting clerk shall enter the initials on each

6-16     ballot or a deputy early voting clerk shall stamp a facsimile of

6-17     the initials on each ballot.

6-18           SECTION 11.  Section 85.032, Election Code, is amended by

6-19     adding Subsection (f) to read as follows:

6-20           (f)  The secretary of state shall prescribe procedures

6-21     providing for the security of the voted early voting ballots from

6-22     the last day of voting by personal appearance at a polling place

6-23     until the day the ballots are counted.  The procedures must include

6-24     security measures covering the transfer of the ballots between the

6-25     early voting clerk and the early voting ballot board.

6-26           SECTION 12.  Section 85.062, Election Code, is amended by

6-27     amending Subsections (a) and (e) and adding Subsections (f) and (g)

 7-1     to read as follows:

 7-2           (a)  Except as provided by Subsection (d) or (e), one or more

 7-3     early voting polling places other than the main early voting

 7-4     polling place may be established by:

 7-5                 (1)  the commissioners court, for an election in which

 7-6     the county clerk is the early voting clerk; or

 7-7                 (2)  the governing body of the political subdivision

 7-8     served by the authority ordering the election, for an election in

 7-9     which a person other than the county clerk is the early voting

7-10     clerk.

7-11           (e)  In an election covered by Subsection (d), a temporary

7-12     branch polling place that is movable may be established only with

7-13     the approval of the county clerk.  If a movable temporary branch

7-14     polling place is established on the request of a political party,

7-15     each other political party whose nominee for governor in the most

7-16     recent gubernatorial general election received more than 10 percent

7-17     of the total number of votes received by all candidates for

7-18     governor in the election is entitled to establishment of such a

7-19     polling place.  The election officers serving a polling place

7-20     covered by this subsection must be affiliated or aligned with

7-21     different political parties to the extent possible.  The secretary

7-22     of state, after consulting the state chair of each affected

7-23     political party, shall prescribe the procedures necessary to

7-24     implement this subsection.

7-25           (f)  In a countywide election, the total number of permanent

7-26     branch polling places and temporary branch polling places open for

7-27     voting at the same time in a commissioners precinct may not exceed

 8-1     twice the number of permanent branch and temporary branch polling

 8-2     places open at that time in another commissioners precinct.

 8-3           (g)  In this subchapter, "temporary branch polling place"

 8-4     means an early voting polling place established under this section.

 8-5           SECTION 13.  Section 86.001(c), Election Code, is amended to

 8-6     read as follows:

 8-7           (c)  Except as provided by Section 86.008, if the applicant

 8-8     is not entitled to vote by mail, the clerk shall reject the

 8-9     application, [and] enter on the application "rejected" and the

8-10     reason for and date of rejection, and deliver written notice of the

8-11     reason for the rejection to the applicant at both the residence

8-12     address and mailing address on the application.  A ballot may not

8-13     be provided to an applicant whose application is rejected.

8-14           SECTION 14.  Section 86.003, Election Code, is amended to

8-15     read as follows:

8-16           Sec. 86.003.  METHOD OF PROVIDING BALLOT TO VOTER:  REQUIRED

8-17     ADDRESS.  (a)  The balloting materials for voting by mail shall be

8-18     provided to the voter by mail.  A ballot provided by any other

8-19     method may not be counted.

8-20           (b)  Subject to Subsection (c), the balloting materials shall

8-21     be addressed to the applicable [mailing] address specified in the

8-22     voter's application.  [If no mailing address is specified, the

8-23     materials shall be mailed to the voter's residence address unless a

8-24     different address is required by Subsection (c).] The election

8-25     officer providing the ballot may not knowingly mail the materials

8-26     to an address other than that prescribed by this section.

8-27           (c)  The [mailing] address to which the balloting materials

 9-1     must be addressed is the address at which the voter is registered

 9-2     to vote [the voter's residence or temporary living quarters]

 9-3     unless[:]

 9-4                 [(1)]  the ground for voting by mail is:

 9-5                 (1)  absence from the county of residence, in which

 9-6     case the address must be an address outside the voter's county of

 9-7     residence; [or]

 9-8                 (2)  [the ground for voting by mail is] confinement in

 9-9     jail, in which case the address must be the address of the jail or

9-10     of a relative described by Section 84.002(a)(4); or

9-11                 (3)  age or disability and the voter is living at a

9-12     hospital, nursing home or other long-term care facility, or

9-13     retirement center, or with a relative described by Section

9-14     84.002(a)(3), in which case the address must be the address of that

9-15     facility or relative.

9-16           (d)  If the applicable [mailing] address specified in a

9-17     voter's application is an address other than that prescribed by

9-18     Subsection (c), the voter's application shall be rejected in

9-19     accordance with Section 86.001(c) [ballot may not be counted].

9-20           SECTION 15.  Section 86.006, Election Code, is amended by

9-21     amending Subsections (c) and (d) and adding Subsection (e) to read

9-22     as follows:

9-23           (c)  The carrier envelopes of persons [spouses or parents and

9-24     children] who are registered to vote at the same address may be

9-25     returned in the same envelope or package.

9-26           (d)  Each carrier envelope that is delivered by a common or

9-27     contract carrier must be accompanied by an individual delivery

 10-1    receipt for that particular carrier envelope that indicates the

 10-2    date, hour,  and address at which the carrier envelope was received

 10-3    by the carrier unless the carrier does not routinely issue a

 10-4    receipt, in which case the secretary of state shall prescribe

 10-5    appropriate procedures for accounting for the delivery.  A delivery

 10-6    of carrier envelopes is prohibited by a common or contract carrier

 10-7    if the delivery originates from the address of:

 10-8                (1)  the headquarters of a political party or a

 10-9    candidate in the election;

10-10                (2)  a candidate in the election unless the address is

10-11    the residence of the early voter;

10-12                (3)  a specific-purpose or general-purpose political

10-13    committee involved in the election; or

10-14                (4)  an entity that requested that the election be

10-15    held, unless the delivery is a forwarding to the early voting

10-16    clerk.

10-17          (e)  A ballot returned in violation of this section may not

10-18    be counted. If the early voting clerk determines that the ballot

10-19    was returned in violation of this section, the clerk shall make a

10-20    notation on the carrier envelope and treat it as a ballot not

10-21    timely returned in accordance with Section 86.011(c).  If the

10-22    ballot is returned before the end of the period for early voting by

10-23    personal appearance, the early voting clerk shall promptly mail or

10-24    otherwise deliver to the voter a written notice informing the voter

10-25    that:

10-26                (1)  the voter's ballot will not be counted because of

10-27    a violation of this code; and

 11-1                (2)  the voter may vote if otherwise eligible at an

 11-2    early voting polling place or the election day precinct polling

 11-3    place on presentation of the notice.

 11-4          SECTION 16.  Section 86.010, Election Code, is amended by

 11-5    amending Subsection (c) and adding Subsection (d) to read as

 11-6    follows:

 11-7          (c)  The person assisting the voter must sign a written oath

 11-8    prescribed by Section 64.034.

 11-9          (d)  If a voter is assisted in violation of Subsection (a) or

11-10    (b) [this section], the voter's ballot may not be counted.

11-11          SECTION 17.  Section 86.013, Election Code, is amended by

11-12    amending Subsections (d) and (e) and adding Subsection (f) to read

11-13    as follows:

11-14          (d)  The following textual material, as [prohibition

11-15    prescribed by Section 86.006(b), in wording] prescribed by the

11-16    secretary of state, must be printed on the reverse side of the

11-17    official carrier envelope or on a separate sheet accompanying the

11-18    carrier envelope when it is provided:

11-19                (1)  the prohibition prescribed by Section 86.006(b);

11-20                (2)  the conditions for delivery by common or contract

11-21    carrier prescribed by Sections 81.005 and 86.006; and

11-22                (3)  the requirements for the legal execution and

11-23    delivery of the carrier envelope.

11-24          (e)  The following notice must be printed on the reverse side

11-25    of the official carrier envelope, near the space provided for the

11-26    voter's signature:  "This envelope must be sealed by the voter

11-27    before it leaves the voter's hands.  Do not sign this envelope

 12-1    unless the ballot has been marked by you or at your direction."

 12-2          (f)  The oath of a person assisting a voter must be included

 12-3    on the official carrier envelope.

 12-4          SECTION 18.  Section 86.014(a), Election Code, is amended to

 12-5    read as follows:

 12-6          (a)  A copy of an application for a ballot to be voted by

 12-7    mail may be obtained from the early voting clerk:

 12-8                (1)  72 hours after the time a ballot is mailed to the

 12-9    voter; or

12-10                (2)  48 hours after the time a ballot is mailed to the

12-11    voter if the mailing occurs on the fourth day before election day

12-12    [receipt of the application by the clerk].

12-13          SECTION 19.  Section 87.002, Election Code, is amended by

12-14    amending Subsection (b) and adding Subsections (c) and (d) to read

12-15    as follows:

12-16          (b)  Except as provided by Subsection (d), the [The]

12-17    presiding judge is appointed in the same manner as a presiding

12-18    election judge.  Except as provided by Subsection (c), the [The]

12-19    other members are appointed by the presiding judge in the same

12-20    manner as the precinct election clerks.

12-21          (c)  In the general election for state and county officers,

12-22    each county chair of a political party with nominees on the general

12-23    election ballot shall submit to the county election board a list of

12-24    names of persons eligible to serve on the early voting ballot

12-25    board.  The county election board shall appoint at least one person

12-26    from each list to serve as a member of the early voting ballot

12-27    board.  The same number of members must be appointed from each

 13-1    list.

 13-2          (d)  In addition to the members appointed under Subsection

 13-3    (c), the county election board shall appoint the presiding judge

 13-4    from the list provided under that subsection by the political party

 13-5    whose nominee for governor received the most votes in the county in

 13-6    the most recent gubernatorial general election.

 13-7          SECTION 20.  Subsections (a), (i), and (j), Section 87.027,

 13-8    Election Code, are amended to read as follows:

 13-9          (a)  A signature verification committee may be appointed in

13-10    any election.  The early voting clerk is the authority responsible

13-11    for determining whether a signature verification committee is to be

13-12    appointed.  If the clerk determines that a committee is to be

13-13    appointed, the clerk shall issue a written order calling for the

13-14    appointment.  Section 87.0271 supersedes this section to the extent

13-15    of a conflict.

13-16          (i)  The signature verification committee shall compare the

13-17    signature on each carrier envelope certificate, except those signed

13-18    for a voter by a witness, with the signature on the voter's ballot

13-19    application to determine whether the signatures are those of the

13-20    same person.  The committee may also compare the signatures with

13-21    the signature on the voter's registration application to confirm

13-22    that the signatures match but may not use the registration

13-23    application signature to determine that the signatures do not

13-24    match.  A determination under this subsection that the signatures

13-25    do not match must be made by a majority vote of the committee's

13-26    membership.  The committee shall place the jacket envelopes,

13-27    carrier envelopes, and applications of voters whose signatures do

 14-1    not match in separate containers from those of voters whose

 14-2    signatures match.  The committee chair [chairman] shall deliver the

 14-3    sorted materials to the early voting ballot board at the time

 14-4    specified by the board's presiding judge but within the period

 14-5    permitted for the early voting clerk's delivery of early voting

 14-6    ballots to the board.

 14-7          (j)  If a signature verification committee is appointed, the

 14-8    early voting ballot board shall follow the same procedure for

 14-9    accepting the early voting ballots voted by mail as in an election

14-10    without a signature verification committee, except that the board

14-11    may not determine whether a voter's signatures on the carrier

14-12    envelope certificate and ballot application match if the committee

14-13    has determined that the signatures match.  If the committee has

14-14    determined that the signatures do not match, the board may make a

14-15    determination that the signatures match by a majority vote of the

14-16    board's membership.

14-17          SECTION 21.  Subchapter B, Chapter 87, Election Code, is

14-18    amended by adding Section 87.0271 to read as follows:

14-19          Sec. 87.0271.  COMMITTEE REQUIREMENTS SPECIFIC TO GENERAL

14-20    ELECTION FOR STATE AND COUNTY OFFICERS.  (a)  A signature

14-21    verification committee shall be appointed in the general election

14-22    for state and county officers on receipt by the early voting clerk

14-23    of a written request for the committee submitted by at least 15

14-24    registered voters of the county.  Except as provided by this

14-25    section, Section 87.027 applies to the committee.

14-26          (b)  If a signature verification committee is appointed under

14-27    this section, each county chair of a political party with nominees

 15-1    on the general election ballot shall submit to the county election

 15-2    board a list of names of persons eligible to serve on the

 15-3    committee.  The county election board shall appoint at least two

 15-4    persons from each list to serve as members of the committee.  The

 15-5    same number of members must be appointed from each list.

 15-6          (c)  In addition to the members appointed under Subsection

 15-7    (b), the county election board shall appoint the chair of the

 15-8    committee from the list provided under that subsection by the

 15-9    political party whose nominee for governor received the most votes

15-10    in the county in the most recent gubernatorial general election.

15-11          SECTION 22.  Section 87.041, Election Code, is amended by

15-12    adding Subsection (e) to read as follows:

15-13          (e)  In making the determination under Subsection (b)(2), the

15-14    board may also compare the signatures with the signature on the

15-15    voter's registration application to confirm that the signatures

15-16    match but may not use the registration application signature to

15-17    determine that the signatures do not match.

15-18          SECTION 23.  Section 87.121(f), Election Code, is amended to

15-19    read as follows:

15-20          (f)  Information on the roster for a person to whom an early

15-21    voting mail ballot has been sent is not available for public

15-22    inspection, except to the voter seeking to verify that the

15-23    information pertaining to the voter [him] is accurate, until:

15-24                (1)  72 hours after the time a ballot is mailed to the

15-25    voter; or

15-26                (2)  48 [24] hours after the time a ballot is [was]

15-27    mailed to the voter  if the mailing occurs on the fourth day before

 16-1    election day.

 16-2          SECTION 24.  Section 112.006, Election Code, is amended to

 16-3    read as follows:

 16-4          Sec. 112.006.  Place for Voting by Personal Appearance.  A

 16-5    [(a)  Except as provided by Subsection (b), a person may vote a

 16-6    limited ballot by personal appearance only at an early voting

 16-7    polling place serving the voters of the election precinct in which

 16-8    the person resides.]

 16-9          [(b)  In a county with a population of more than 1,500,000,

16-10    a] person may vote a limited ballot by personal appearance only at

16-11    the main early voting polling place.

16-12          SECTION 25.  Section 84.006, Election Code, is repealed.

16-13          SECTION 26.  (a)  The change in law made by this Act applies

16-14    only to an offense committed on or after the effective date of this

16-15    Act.  For purposes of this section, an offense is committed before

16-16    the effective date of this Act if any element of the offense occurs

16-17    before that date.

16-18          (b)  An offense committed before the effective date of this

16-19    Act is covered by the law in effect when the offense was committed,

16-20    and the former law is continued in effect for that purpose.

16-21          SECTION 27.  This Act takes effect September 1, 1997.

16-22          SECTION 28.  The importance of this legislation and the

16-23    crowded condition of the calendars in both houses create an

16-24    emergency and an imperative public necessity that the

16-25    constitutional rule requiring bills to be read on three several

16-26    days in each house be suspended, and this rule is hereby suspended.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 1483 was passed by the House on May

         8, 1997, by a non-record vote.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 1483 was passed by the Senate on May

         26, 1997, by the following vote:  Yeas 31, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor