By Danburg H.B. No. 1483
75R6352 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. Chapter 83, Election Code, is amended by adding
1-13 Subchapter D to read as follows:
1-14 SUBCHAPTER D. VOLUNTEER DEPUTY EARLY VOTING ASSISTANTS
1-15 Sec. 83.071. APPOINTMENT; TERM. (a) To maximize the
1-16 efficient conduct of early voting by mail, the early voting clerk
1-17 shall appoint as deputy early voting assistants persons who
1-18 volunteer to serve.
1-19 (b) In this code, "volunteer deputy early voting assistant"
1-20 means a deputy early voting assistant appointed under this section.
1-21 (c) Volunteer deputy early voting assistants serve for terms
1-22 expiring December 31 of even-numbered years.
1-23 Sec. 83.072. PROHIBITION ON REFUSING TO APPOINT. An early
1-24 voting clerk may not refuse to appoint as a volunteer deputy early
2-1 voting assistant a person who complies with Section 83.073.
2-2 Sec. 83.073. REQUEST FOR APPOINTMENT. (a) A person
2-3 desiring to serve as a volunteer deputy early voting assistant must
2-4 request appointment by the early voting clerk in person, by
2-5 telephone, by telephonic facsimile machine, or by mail.
2-6 (b) The early voting clerk shall mail the person a form for
2-7 requesting appointment, including an appropriate oath, and a set of
2-8 the rules applicable to the powers and duties of volunteer deputy
2-9 early voting assistants.
2-10 (c) To be appointed, the person must deliver to the early
2-11 voting clerk the signed and completed oath and request form,
2-12 including the person's name, residence address, telephone number,
2-13 and affirmation of an understanding of the rules and intention to
2-14 comply with them.
2-15 Sec. 83.074. CERTIFICATE OF APPOINTMENT. (a) If a person
2-16 is to be appointed, the early voting clerk shall prepare a
2-17 certificate of appointment in duplicate containing:
2-18 (1) the date of appointment;
2-19 (2) the statement: "I, __________, Early Voting Clerk
2-20 for (name of political subdivision), do hereby appoint
2-21 __________ as a volunteer deputy early voting assistant for
2-22 (name of political subdivision).";
2-23 (3) the person's residence address;
2-24 (4) the person's voter registration number, if any;
2-25 (5) a statement that the term of the appointment
2-26 expires December 31 of an even-numbered year; and
2-27 (6) the person's identification number as a volunteer
3-1 deputy early voting assistant.
3-2 (b) The early voting clerk shall sign the certificate and
3-3 issue the original to the appointee, who shall sign it on receipt.
3-4 (c) A volunteer deputy early voting assistant shall present
3-5 the certificate as identification to an early voting applicant or
3-6 voter, on request, when collecting or receiving an application or
3-7 carrier envelope.
3-8 Sec. 83.075. ACTIVE APPOINTMENT FILE. The early voting
3-9 clerk shall maintain a file containing the duplicate certificates
3-10 of appointment of the volunteer deputy early voting assistants
3-11 whose appointments are effective.
3-12 Sec. 83.076. TERMINATION OF APPOINTMENT. An appointment as
3-13 a volunteer deputy early voting assistant is terminated on:
3-14 (1) the expiration of the volunteer deputy's term of
3-15 appointment; or
3-16 (2) the final conviction of the volunteer deputy for
3-17 an election-related offense.
3-18 Sec. 83.077. COMPENSATION; BOND. (a) A person may not
3-19 receive compensation from a political subdivision for service as a
3-20 volunteer deputy early voting clerk.
3-21 (b) A volunteer deputy is not required to give a bond in
3-22 connection with the deputy's service.
3-23 Sec. 83.078. POWERS GENERALLY. A volunteer deputy early
3-24 voting assistant may collect or receive from applicants for
3-25 submission to the early voting clerk signed applications for a
3-26 ballot to be voted by mail and from voters for delivery by mail to
3-27 the early voting clerk signed carrier envelopes, as provided by
4-1 this subchapter.
4-2 Sec. 83.079. REVIEW OF APPLICATION OR CARRIER ENVELOPE. (a)
4-3 On receipt of an early voting ballot application or carrier
4-4 envelope, a volunteer deputy early voting assistant shall review it
4-5 for completeness in the applicant's or voter's presence, if
4-6 practicable.
4-7 (b) If the application or carrier envelope is reviewed under
4-8 Subsection (a), the volunteer deputy shall return the application
4-9 or carrier envelope to the applicant or voter for completion and
4-10 resubmission if the application or carrier envelope does not
4-11 contain all the required information and the required signature.
4-12 Sec. 83.080. SUBMISSION OR DELIVERY OF APPLICATION OR
4-13 CARRIER ENVELOPE. (a) A volunteer deputy early voting assistant
4-14 shall submit to the early voting clerk in person or by mail each
4-15 completed early voting ballot application received by the deputy
4-16 from an applicant.
4-17 (b) A volunteer deputy early voting assistant shall deliver
4-18 to the early voting clerk by mail each completed carrier envelope
4-19 received by the deputy from a voter.
4-20 (c) An application or carrier envelope shall be submitted or
4-21 delivered not later than 24 hours after the time the application or
4-22 carrier envelope is received by the volunteer deputy unless an
4-23 earlier submission or delivery is necessary to ensure timely
4-24 receipt and processing by the early voting clerk.
4-25 Sec. 83.081. FAILURE TO SUBMIT OR DELIVER APPLICATION OR
4-26 CARRIER ENVELOPE. (a) A volunteer deputy early voting assistant
4-27 commits an offense if the deputy knowingly fails to comply with
5-1 Section 83.080.
5-2 (b) An offense under this section is a Class A misdemeanor.
5-3 Sec. 83.082. PURPORTEDLY ACTING AS VOLUNTEER DEPUTY EARLY
5-4 VOTING ASSISTANT. (a) A person commits an offense if the person
5-5 purports to act as a volunteer deputy early voting assistant when
5-6 the person does not have an effective appointment as a volunteer
5-7 deputy early voting assistant.
5-8 (b) An offense under this section is a Class A misdemeanor.
5-9 Sec. 83.083. ADDITIONAL PROCEDURES. The secretary of state
5-10 by rule shall prescribe any additional procedures necessary for the
5-11 orderly and proper administration of this subchapter. The system
5-12 for the appointment, powers, duties, and accountability of
5-13 volunteer deputy early voting assistants must be designed to
5-14 maximize the efficient conduct of early voting by mail and to
5-15 minimize the potential for illegal activity in connection with
5-16 early voting by mail.
5-17 SECTION 3. Sections 84.001(a) and (e), Election Code, are
5-18 amended to read as follows:
5-19 (a) To be entitled to vote an early voting ballot by mail, a
5-20 person who is eligible for early voting must make an application
5-21 for an early voting ballot to be voted by mail as provided by this
5-22 title.
5-23 (e) A person who has not made an application as provided by
5-24 this title is not entitled to receive an early voting ballot to be
5-25 voted by mail.
5-26 SECTION 4. Section 84.004(e), Election Code, is amended to
5-27 read as follows:
6-1 (e) An offense under this section is a Class A [B]
6-2 misdemeanor.
6-3 SECTION 5. Section 84.0041(b), Election Code, is amended to
6-4 read as follows:
6-5 (b) An offense under this section is a Class A [B]
6-6 misdemeanor.
6-7 SECTION 6. Section 84.007, Election Code, is amended by
6-8 amending Subsection (b) and adding Subsection (e) to read as
6-9 follows:
6-10 (b) An application must be submitted to the early voting
6-11 clerk [by]:
6-12 (1) by mail;
6-13 (2) by common or contract carrier; [or]
6-14 (3) by telephonic facsimile machine, if the applicant
6-15 is absent from the county and if a machine is available in the
6-16 clerk's office; or
6-17 (4) in person by a volunteer deputy early voting
6-18 assistant.
6-19 (e) Except as provided by Section 84.009, an application may
6-20 be collected or received from an applicant for submission only by a
6-21 person related to the applicant within the second degree by
6-22 affinity or the third degree by consanguinity, as determined under
6-23 Chapter 573, Government Code, a person registered to vote at the
6-24 same address as the applicant, an early voting clerk, a deputy
6-25 early voting clerk, or a volunteer deputy early voting assistant.
6-26 SECTION 7. Section 84.011(a), Election Code, is amended to
6-27 read as follows:
7-1 (a) The officially prescribed application form for an early
7-2 voting ballot must include:
7-3 (1) immediately preceding the signature space the
7-4 statement: "I certify that the information given in this
7-5 application is true, and I understand that giving false information
7-6 in this application is a crime.";
7-7 (2) a statement informing the applicant [voters] of
7-8 the offense prescribed by Section 84.004;
7-9 (3) spaces for entering an applicant's voter
7-10 registration number and county election precinct of registration,
7-11 with a statement informing the applicant that failure to furnish
7-12 that information does not invalidate the application; and
7-13 (4) on an application for a ballot to be voted by
7-14 mail:
7-15 (A) [a space for an applicant applying on the
7-16 ground of absence from the county of residence to indicate the date
7-17 on or after which the applicant can receive mail at the address
7-18 outside the county;]
7-19 [(B)] a space for indicating the fact that an
7-20 applicant whose application is signed by a witness cannot make the
7-21 applicant's [his] mark and a space for indicating the relationship
7-22 or [the] lack of relationship of the witness to the applicant;
7-23 [and]
7-24 (B) [(C)] a space for entering an applicant's
7-25 telephone number, with a statement informing the applicant that
7-26 failure to furnish that information does not invalidate the
7-27 application;
8-1 (C) a space for entering the name and
8-2 identification number of the volunteer deputy early voting
8-3 assistant, if applicable;
8-4 (D) a statement informing the applicant of the
8-5 condition prescribed by Section 81.005; and
8-6 (E) a statement informing the applicant of the
8-7 limitation prescribed by Section 84.007(e).
8-8 SECTION 8. Section 84.012, Election Code, is amended to read
8-9 as follows:
8-10 Sec. 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. The
8-11 early voting clerk shall mail without charge an appropriate
8-12 official application form for an early voting ballot to each
8-13 applicant [person] requesting the clerk to send the applicant [him]
8-14 an application form.
8-15 SECTION 9. Section 84.032(d), Election Code, is amended to
8-16 read as follows:
8-17 (d) An applicant may also submit a request [on election day]
8-18 by appearing in person [at the applicant's precinct polling place]
8-19 and returning the ballot to be voted by mail or presenting a notice
8-20 received under Section 86.006(f) to:
8-21 (1) the early voting clerk or deputy early voting
8-22 clerk at any polling place that is open for early voting by
8-23 personal appearance; or
8-24 (2) the presiding election judge on election day at
8-25 the applicant's precinct polling place.
8-26 SECTION 10. Section 84.033(c), Election Code, is amended to
8-27 read as follows:
9-1 (c) If the request complies, the presiding election judge
9-2 shall enter on the returned ballot or the notice, as applicable,
9-3 "canceled," place it and the request in an envelope, and deposit
9-4 the envelope in ballot box no. 4. The applicant's application is
9-5 considered to be canceled.
9-6 SECTION 11. Section 85.031, Election Code, is amended to
9-7 read as follows:
9-8 Sec. 85.031. ACCEPTING VOTER. (a) For each person [If an
9-9 applicant is] entitled to vote an early voting ballot by personal
9-10 appearance, the early voting clerk shall follow the procedure for
9-11 accepting a regular voter on election day, with the modifications
9-12 necessary for the conduct of early voting.
9-13 (b) A signature roster is not required to be maintained at
9-14 an early voting polling place.
9-15 (c) On accepting a voter [If an applicant does not enter the
9-16 applicant's voter registration number or county election precinct
9-17 of residence on the application, or enters an incorrect number or
9-18 precinct, the clerk shall enter the appropriate information on the
9-19 application before permitting the applicant to vote.]
9-20 [(d) If the applicant is accepted to vote], the clerk shall
9-21 indicate beside the voter's [applicant's] name on the list of
9-22 registered voters or registration omissions list, as applicable,
9-23 that the voter is [applicant was] accepted to vote by personal
9-24 appearance unless the form of either list makes it impracticable to
9-25 do so, and the clerk shall enter the voter's [applicant's] name on
9-26 the poll list.
9-27 SECTION 12. Subchapter B, Chapter 85, Election Code, is
10-1 amended by adding Section 85.0311 to read as follows:
10-2 Sec. 85.0311. EARLY VOTING CLERK TO SIGN BALLOTS. (a) The
10-3 early voting clerk's initials or the location of the early voting
10-4 polling place shall be placed on the back of each ballot to be used
10-5 at the polling place.
10-6 (b) The early voting clerk shall enter the initials or
10-7 location on each ballot or a deputy early voting clerk shall stamp
10-8 a facsimile of the initials or stamp or enter the location on each
10-9 ballot.
10-10 SECTION 13. Section 85.032, Election Code, is amended by
10-11 adding Subsection (f) to read as follows:
10-12 (f) The secretary of state shall prescribe procedures
10-13 providing for the security of the voted early voting ballots from
10-14 the last day of voting by personal appearance at a polling place
10-15 until the day the ballots are counted. The procedures must include
10-16 security measures covering the transfer of the ballots between the
10-17 early voting clerk and the early voting ballot board.
10-18 SECTION 14. Section 85.062, Election Code, is amended by
10-19 amending Subsections (a) and (e) and adding Subsections (f) and (g)
10-20 to read as follows:
10-21 (a) Except as provided by Subsection (d) or (e), one or more
10-22 early voting polling places other than the main early voting
10-23 polling place may be established by:
10-24 (1) the commissioners court, for an election in which
10-25 the county clerk is the early voting clerk; or
10-26 (2) the governing body of the political subdivision
10-27 served by the authority ordering the election, for an election in
11-1 which a person other than the county clerk is the early voting
11-2 clerk.
11-3 (e) In an election covered by Subsection (d), a temporary
11-4 branch polling place that is movable may be established only with
11-5 the approval of the county clerk. If a movable temporary branch
11-6 polling place is established on the request of a political party,
11-7 each other political party whose nominee for governor in the most
11-8 recent gubernatorial general election received more than 10 percent
11-9 of the total number of votes received by all candidates for
11-10 governor in the election is entitled to establishment of such a
11-11 polling place. The election officers serving a polling place
11-12 covered by this subsection must be affiliated or aligned with
11-13 different political parties to the extent possible. The secretary
11-14 of state, after consulting the state chair of each affected
11-15 political party, shall prescribe the procedures necessary to
11-16 implement this subsection.
11-17 (f) In a countywide election, the total number of permanent
11-18 branch polling places and temporary branch polling places open for
11-19 voting at the same time in a commissioners precinct may not exceed
11-20 twice the number of permanent branch and temporary branch polling
11-21 places open at that time in another commissioners precinct.
11-22 (g) In this subchapter, "temporary branch polling place"
11-23 means an early voting polling place established under this section.
11-24 SECTION 15. Section 86.001(c), Election Code, is amended to
11-25 read as follows:
11-26 (c) Except as provided by Section 86.008, if the applicant
11-27 is not entitled to vote by mail, the clerk shall reject the
12-1 application, [and] enter on the application "rejected" and the
12-2 reason for and date of rejection, and deliver written notice of the
12-3 reason for the rejection to the applicant at the residence address
12-4 on the application. A ballot may not be provided to an applicant
12-5 whose application is rejected.
12-6 SECTION 16. Sections 86.003(c) and (d), Election Code, are
12-7 amended to read as follows:
12-8 (c) The mailing address must be the voter's residence, the
12-9 address at which the voter is registered to vote, any current
12-10 mailing address contained in the voter's voter registration
12-11 records, or the voter's temporary living quarters unless:
12-12 (1) the ground for voting by mail is absence from the
12-13 county of residence, in which case the address must be an address
12-14 outside the voter's county of residence; or
12-15 (2) the ground for voting by mail is confinement in
12-16 jail, in which case the address must be the jail.
12-17 (d) If the mailing address specified in a voter's
12-18 application is an address other than that prescribed by Subsection
12-19 (c), the voter's application shall be rejected in accordance with
12-20 Section 86.001(c) [ballot may not be counted].
12-21 SECTION 17. Section 86.006, Election Code, is amended by
12-22 amending Subsections (c) and (d) and adding Subsections (e) and (f)
12-23 to read as follows:
12-24 (c) The carrier envelopes of persons [spouses or parents and
12-25 children] who are registered to vote at the same address may be
12-26 returned in the same envelope or package.
12-27 (d) Each carrier envelope that is delivered by a common or
13-1 contract carrier must be accompanied by an individual delivery
13-2 receipt for that particular carrier envelope that indicates the
13-3 date, hour, and address at which the carrier envelope was received
13-4 by the carrier. A delivery of carrier envelopes is prohibited by a
13-5 common or contract carrier if the delivery originates from the
13-6 address of:
13-7 (1) the headquarters of a political party;
13-8 (2) a candidate in the election unless the address is
13-9 an early voter's residence;
13-10 (3) a specific-purpose or general-purpose political
13-11 committee involved in the election; or
13-12 (4) an entity that requested that the election be
13-13 held.
13-14 (e) Except as provided by this section, a carrier envelope
13-15 may be collected or received from a voter for delivery only by a
13-16 person related to the voter within the second degree by affinity or
13-17 the third degree by consanguinity, as determined under Chapter 573,
13-18 Government Code, a person registered to vote at the same address as
13-19 the voter, or a volunteer deputy early voting assistant. A
13-20 volunteer deputy early voting assistant may not deliver a carrier
13-21 envelope by common or contract carrier.
13-22 (f) A ballot returned in violation of this section may not
13-23 be counted. If the early voting clerk determines that the ballot
13-24 was returned in violation of this section, the clerk shall make a
13-25 notation on the carrier envelope and treat it as a ballot not
13-26 timely returned in accordance with Section 86.011(c). If the
13-27 ballot is returned before the end of the period for early voting by
14-1 personal appearance, the early voting clerk shall promptly mail or
14-2 otherwise deliver to the voter a written notice informing the voter
14-3 that:
14-4 (1) the voter's ballot will not be counted because of
14-5 a violation of this code; and
14-6 (2) the voter may vote if otherwise eligible at an
14-7 early voting polling place or the election day precinct polling
14-8 place on presentation of the notice.
14-9 SECTION 18. Sections 86.013(b), (d), and (e), Election Code,
14-10 are amended to read as follows:
14-11 (b) Spaces [for indicating the identity and date of the
14-12 election] must appear on the reverse side of the official carrier
14-13 envelope for indicating:
14-14 (1) the identity and date of the election; and
14-15 (2) the name and identification number of the
14-16 volunteer deputy early voting assistant, if applicable.
14-17 (d) The following textual material, as [prohibition
14-18 prescribed by Section 86.006(b), in wording] prescribed by the
14-19 secretary of state, must be printed on the reverse side of the
14-20 official carrier envelope:
14-21 (1) the prohibition prescribed by Section 86.006(b);
14-22 (2) the conditions for delivery by common or contract
14-23 carrier prescribed by Sections 81.005 and 86.006;
14-24 (3) the limitations prescribed by Section 86.006(e);
14-25 and
14-26 (4) the requirements for the legal execution and
14-27 delivery of the carrier envelope, including requirements relating
15-1 to volunteer deputy early voting assistants.
15-2 (e) The following notice must be printed on the reverse side
15-3 of the official carrier envelope, near the space provided for the
15-4 voter's signature: "This envelope must be sealed by the voter
15-5 before it leaves the voter's hands. Do not sign this envelope if
15-6 you have not marked the ballot inside."
15-7 SECTION 19. Sections 87.027(i) and (j), Election Code, are
15-8 amended to read as follows:
15-9 (i) The signature verification committee shall compare the
15-10 signature on each carrier envelope certificate, except those signed
15-11 for a voter by a witness, with the signature on the voter's ballot
15-12 application to determine whether the signatures are those of the
15-13 same person. The committee may also compare the signatures with
15-14 the signature on the voter's registration application to make the
15-15 determination. The committee shall place the jacket envelopes,
15-16 carrier envelopes, and applications of voters whose signatures do
15-17 not match in separate containers from those of voters whose
15-18 signatures match. The committee chairman shall deliver the sorted
15-19 materials to the early voting ballot board at the time specified by
15-20 the board's presiding judge but within the period permitted for the
15-21 early voting clerk's delivery of early voting ballots to the board.
15-22 (j) If a signature verification committee is appointed, the
15-23 early voting ballot board shall follow the same procedure for
15-24 accepting the early voting ballots voted by mail as in an election
15-25 without a signature verification committee, except that the board
15-26 may not determine whether a voter's signatures on the carrier
15-27 envelope certificate, [and] ballot application, and registration
16-1 application match if the committee has determined that the
16-2 signatures match.
16-3 SECTION 20. Section 87.041(b), Election Code, is amended to
16-4 read as follows:
16-5 (b) A ballot may be accepted only if:
16-6 (1) the carrier envelope certificate is properly
16-7 executed;
16-8 (2) neither the voter's signature on the ballot
16-9 application nor the signature on the carrier envelope certificate
16-10 is determined to have been executed by a person other than the
16-11 voter, unless signed by a witness, the determination of which may
16-12 also be made by comparing the signatures with the signature on the
16-13 voter's registration application;
16-14 (3) the voter's ballot application states a legal
16-15 ground for early voting by mail;
16-16 (4) the voter is registered to vote, if registration
16-17 is required by law;
16-18 (5) the address to which the ballot was mailed to the
16-19 voter, as indicated by the application, was outside the voter's
16-20 county of residence, if the ground for early voting is absence from
16-21 the county of residence; and
16-22 (6) for a voter to whom a statement of residence form
16-23 was required to be sent under Section 86.002(a), the statement of
16-24 residence is returned in the carrier envelope and indicates that
16-25 the voter satisfies the residence requirements prescribed by
16-26 Section 63.0011.
16-27 SECTION 21. Section 84.006, Election Code, is repealed.
17-1 SECTION 22. (a) The changes in law made by this Act apply
17-2 only to an offense committed on or after the effective date of this
17-3 Act. For purposes of this section, an offense is committed before
17-4 the effective date of this Act if any element of the offense occurs
17-5 before that date.
17-6 (b) An offense committed before the effective date of this
17-7 Act is covered by the law in effect when the offense was committed,
17-8 and the former law is continued in effect for that purpose.
17-9 SECTION 23. This Act takes effect September 1, 1997.
17-10 SECTION 24. The importance of this legislation and the
17-11 crowded condition of the calendars in both houses create an
17-12 emergency and an imperative public necessity that the
17-13 constitutional rule requiring bills to be read on three several
17-14 days in each house be suspended, and this rule is hereby suspended.