1-1 By: Danburg, et al. (Senate Sponsor - Armbrister) H.B. No. 1483
1-2 (In the Senate - Received from the House May 9, 1997;
1-3 May 12, 1997, read first time and referred to Committee on State
1-4 Affairs; May 18, 1997, reported favorably by the following vote:
1-5 Yeas 13, Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain early voting processes and procedures;
1-9 providing a criminal penalty.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Chapter 81, Election Code, is amended by adding
1-12 Section 81.005 to read as follows:
1-13 Sec. 81.005. COMMON OR CONTRACT CARRIER. A common or
1-14 contract carrier may not be used to perform an act in accordance
1-15 with this title unless the carrier is a bona fide, for profit
1-16 carrier, the primary business of which is transporting or
1-17 delivering property for compensation and the business practices of
1-18 which are reasonable and prudent according to the usual standards
1-19 for the business in which it is engaged.
1-20 SECTION 2. Sections 84.001(a) and (e), Election Code, are
1-21 amended to read as follows:
1-22 (a) To be entitled to vote an early voting ballot by mail, a
1-23 person who is eligible for early voting must make an application
1-24 for an early voting ballot to be voted by mail as provided by this
1-25 title.
1-26 (e) A person who has not made an application as provided by
1-27 this title is not entitled to receive an early voting ballot to be
1-28 voted by mail.
1-29 SECTION 3. Section 84.002(a), Election Code, is amended to
1-30 read as follows:
1-31 (a) An early voting ballot application must include:
1-32 (1) the applicant's name and the address at which the
1-33 applicant is registered to vote;
1-34 (2) for an application for a ballot to be voted by
1-35 mail on the ground of absence from the county of residence, the
1-36 address outside the applicant's county of residence to which the
1-37 ballot is to be mailed;
1-38 (3) for an application for a ballot to be voted by
1-39 mail on the ground of age or disability, the address of the
1-40 hospital, nursing home or other long-term care facility, or
1-41 retirement center, or of a person related to the applicant within
1-42 the second degree by affinity or the third degree by consanguinity,
1-43 as determined under Chapter 573, Government Code, if the applicant
1-44 is living at that address and that address is different from the
1-45 address at which the applicant is registered to vote;
1-46 (4) for an application for a ballot to be voted by
1-47 mail on the ground of confinement in jail, the address of the jail
1-48 or of a person related to the applicant within the degree described
1-49 by Subdivision (3);
1-50 (5) for an application for a ballot to be voted by
1-51 mail on any ground, [and] an indication of each election for which
1-52 the applicant [voter] is applying for a ballot; and
1-53 (6) [(3)] an indication of the ground of eligibility
1-54 for early voting.
1-55 SECTION 4. Section 84.0041(b), Election Code, is amended to
1-56 read as follows:
1-57 (b) An offense under this section is a Class A [B]
1-58 misdemeanor.
1-59 SECTION 5. Section 84.011(a), Election Code, is amended to
1-60 read as follows:
1-61 (a) The officially prescribed application form for an early
1-62 voting ballot must include:
1-63 (1) immediately preceding the signature space the
1-64 statement: "I certify that the information given in this
2-1 application is true, and I understand that giving false information
2-2 in this application is a crime.";
2-3 (2) a statement informing the applicant [voters] of
2-4 the offense prescribed by Section 84.004;
2-5 (3) spaces for entering an applicant's voter
2-6 registration number and county election precinct of registration,
2-7 with a statement informing the applicant that failure to furnish
2-8 that information does not invalidate the application; and
2-9 (4) on an application for a ballot to be voted by
2-10 mail:
2-11 (A) a space for an applicant applying on the
2-12 ground of absence from the county of residence to indicate the date
2-13 on or after which the applicant can receive mail at the address
2-14 outside the county;
2-15 (B) a space for indicating the fact that an
2-16 applicant whose application is signed by a witness cannot make the
2-17 applicant's [his] mark and a space for indicating the relationship
2-18 or [the] lack of relationship of the witness to the applicant;
2-19 [and]
2-20 (C) a space for entering an applicant's
2-21 telephone number, with a statement informing the applicant that
2-22 failure to furnish that information does not invalidate the
2-23 application;
2-24 (D) a space or box for an applicant applying on
2-25 the ground of age or disability to indicate that the address to
2-26 which the ballot is to be mailed is the address of a facility or
2-27 relative described by Section 84.002(a)(3), if applicable;
2-28 (E) a space or box for an applicant applying on
2-29 the ground of confinement in jail to indicate that the address to
2-30 which the ballot is to be mailed is the address of a relative
2-31 described by Section 84.002(a)(4), if applicable;
2-32 (F) a space for entering the name of any person
2-33 assisting the applicant;
2-34 (G) a statement informing the applicant of the
2-35 condition prescribed by Section 81.005; and
2-36 (H) a statement informing the applicant of the
2-37 requirement prescribed by Section 86.003(c).
2-38 SECTION 6. Section 84.012, Election Code, is amended to read
2-39 as follows:
2-40 Sec. 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. The
2-41 early voting clerk shall mail without charge an appropriate
2-42 official application form for an early voting ballot to each
2-43 applicant [person] requesting the clerk to send the applicant [him]
2-44 an application form.
2-45 SECTION 7. Section 84.032(d), Election Code, is amended to
2-46 read as follows:
2-47 (d) An applicant may also submit a request [on election day]
2-48 by appearing in person [at the applicant's precinct polling place]
2-49 and returning the ballot to be voted by mail or presenting a notice
2-50 received under Section 86.006(e) to:
2-51 (1) the early voting clerk or deputy early voting
2-52 clerk at any polling place that is open for early voting by
2-53 personal appearance; or
2-54 (2) the presiding election judge on election day at
2-55 the applicant's precinct polling place.
2-56 SECTION 8. Section 84.033(c), Election Code, is amended to
2-57 read as follows:
2-58 (c) If the request complies, the presiding election judge
2-59 shall enter on the returned ballot or the notice, as applicable,
2-60 "canceled," place it and the request in an envelope, and deposit
2-61 the envelope in ballot box no. 4. The applicant's application is
2-62 considered to be canceled.
2-63 SECTION 9. Section 85.031, Election Code, is amended to read
2-64 as follows:
2-65 Sec. 85.031. ACCEPTING VOTER. (a) For each person [If an
2-66 applicant is] entitled to vote an early voting ballot by personal
2-67 appearance, the early voting clerk shall follow the procedure for
2-68 accepting a regular voter on election day, with the modifications
2-69 necessary for the conduct of early voting.
3-1 (b) A signature roster is not required to be maintained at
3-2 an early voting polling place.
3-3 (c) On accepting a voter [If an applicant does not enter the
3-4 applicant's voter registration number or county election precinct
3-5 of residence on the application, or enters an incorrect number or
3-6 precinct, the clerk shall enter the appropriate information on the
3-7 application before permitting the applicant to vote.]
3-8 [(d) If the applicant is accepted to vote], the clerk shall
3-9 indicate beside the voter's [applicant's] name on the list of
3-10 registered voters or registration omissions list, as applicable,
3-11 that the voter is [applicant was] accepted to vote by personal
3-12 appearance unless the form of either list makes it impracticable to
3-13 do so, and the clerk shall enter the voter's [applicant's] name on
3-14 the poll list.
3-15 SECTION 10. Subchapter B, Chapter 85, Election Code, is
3-16 amended by adding Section 85.0311 to read as follows:
3-17 Sec. 85.0311. EARLY VOTING CLERK TO SIGN BALLOTS. (a) The
3-18 early voting clerk's initials shall be placed on the back of each
3-19 ballot to be used at the polling place.
3-20 (b) The early voting clerk shall enter the initials on each
3-21 ballot or a deputy early voting clerk shall stamp a facsimile of
3-22 the initials on each ballot.
3-23 SECTION 11. Section 85.032, Election Code, is amended by
3-24 adding Subsection (f) to read as follows:
3-25 (f) The secretary of state shall prescribe procedures
3-26 providing for the security of the voted early voting ballots from
3-27 the last day of voting by personal appearance at a polling place
3-28 until the day the ballots are counted. The procedures must include
3-29 security measures covering the transfer of the ballots between the
3-30 early voting clerk and the early voting ballot board.
3-31 SECTION 12. Section 85.062, Election Code, is amended by
3-32 amending Subsections (a) and (e) and adding Subsections (f) and (g)
3-33 to read as follows:
3-34 (a) Except as provided by Subsection (d) or (e), one or more
3-35 early voting polling places other than the main early voting
3-36 polling place may be established by:
3-37 (1) the commissioners court, for an election in which
3-38 the county clerk is the early voting clerk; or
3-39 (2) the governing body of the political subdivision
3-40 served by the authority ordering the election, for an election in
3-41 which a person other than the county clerk is the early voting
3-42 clerk.
3-43 (e) In an election covered by Subsection (d), a temporary
3-44 branch polling place that is movable may be established only with
3-45 the approval of the county clerk. If a movable temporary branch
3-46 polling place is established on the request of a political party,
3-47 each other political party whose nominee for governor in the most
3-48 recent gubernatorial general election received more than 10 percent
3-49 of the total number of votes received by all candidates for
3-50 governor in the election is entitled to establishment of such a
3-51 polling place. The election officers serving a polling place
3-52 covered by this subsection must be affiliated or aligned with
3-53 different political parties to the extent possible. The secretary
3-54 of state, after consulting the state chair of each affected
3-55 political party, shall prescribe the procedures necessary to
3-56 implement this subsection.
3-57 (f) In a countywide election, the total number of permanent
3-58 branch polling places and temporary branch polling places open for
3-59 voting at the same time in a commissioners precinct may not exceed
3-60 twice the number of permanent branch and temporary branch polling
3-61 places open at that time in another commissioners precinct.
3-62 (g) In this subchapter, "temporary branch polling place"
3-63 means an early voting polling place established under this section.
3-64 SECTION 13. Section 86.001(c), Election Code, is amended to
3-65 read as follows:
3-66 (c) Except as provided by Section 86.008, if the applicant
3-67 is not entitled to vote by mail, the clerk shall reject the
3-68 application, [and] enter on the application "rejected" and the
3-69 reason for and date of rejection, and deliver written notice of the
4-1 reason for the rejection to the applicant at both the residence
4-2 address and mailing address on the application. A ballot may not
4-3 be provided to an applicant whose application is rejected.
4-4 SECTION 14. Section 86.003, Election Code, is amended to
4-5 read as follows:
4-6 Sec. 86.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED
4-7 ADDRESS. (a) The balloting materials for voting by mail shall be
4-8 provided to the voter by mail. A ballot provided by any other
4-9 method may not be counted.
4-10 (b) Subject to Subsection (c), the balloting materials shall
4-11 be addressed to the applicable [mailing] address specified in the
4-12 voter's application. [If no mailing address is specified, the
4-13 materials shall be mailed to the voter's residence address unless a
4-14 different address is required by Subsection (c).] The election
4-15 officer providing the ballot may not knowingly mail the materials
4-16 to an address other than that prescribed by this section.
4-17 (c) The [mailing] address to which the balloting materials
4-18 must be addressed is the address at which the voter is registered
4-19 to vote [the voter's residence or temporary living quarters]
4-20 unless[:]
4-21 [(1)] the ground for voting by mail is:
4-22 (1) absence from the county of residence, in which
4-23 case the address must be an address outside the voter's county of
4-24 residence; [or]
4-25 (2) [the ground for voting by mail is] confinement in
4-26 jail, in which case the address must be the address of the jail or
4-27 of a relative described by Section 84.002(a)(4); or
4-28 (3) age or disability and the voter is living at a
4-29 hospital, nursing home or other long-term care facility, or
4-30 retirement center, or with a relative described by Section
4-31 84.002(a)(3), in which case the address must be the address of that
4-32 facility or relative.
4-33 (d) If the applicable [mailing] address specified in a
4-34 voter's application is an address other than that prescribed by
4-35 Subsection (c), the voter's application shall be rejected in
4-36 accordance with Section 86.001(c) [ballot may not be counted].
4-37 SECTION 15. Section 86.006, Election Code, is amended by
4-38 amending Subsections (c) and (d) and adding Subsection (e) to read
4-39 as follows:
4-40 (c) The carrier envelopes of persons [spouses or parents and
4-41 children] who are registered to vote at the same address may be
4-42 returned in the same envelope or package.
4-43 (d) Each carrier envelope that is delivered by a common or
4-44 contract carrier must be accompanied by an individual delivery
4-45 receipt for that particular carrier envelope that indicates the
4-46 date, hour, and address at which the carrier envelope was received
4-47 by the carrier unless the carrier does not routinely issue a
4-48 receipt, in which case the secretary of state shall prescribe
4-49 appropriate procedures for accounting for the delivery. A delivery
4-50 of carrier envelopes is prohibited by a common or contract carrier
4-51 if the delivery originates from the address of:
4-52 (1) the headquarters of a political party or a
4-53 candidate in the election;
4-54 (2) a candidate in the election unless the address is
4-55 the residence of the early voter;
4-56 (3) a specific-purpose or general-purpose political
4-57 committee involved in the election; or
4-58 (4) an entity that requested that the election be
4-59 held, unless the delivery is a forwarding to the early voting
4-60 clerk.
4-61 (e) A ballot returned in violation of this section may not
4-62 be counted. If the early voting clerk determines that the ballot
4-63 was returned in violation of this section, the clerk shall make a
4-64 notation on the carrier envelope and treat it as a ballot not
4-65 timely returned in accordance with Section 86.011(c). If the
4-66 ballot is returned before the end of the period for early voting by
4-67 personal appearance, the early voting clerk shall promptly mail or
4-68 otherwise deliver to the voter a written notice informing the voter
4-69 that:
5-1 (1) the voter's ballot will not be counted because of
5-2 a violation of this code; and
5-3 (2) the voter may vote if otherwise eligible at an
5-4 early voting polling place or the election day precinct polling
5-5 place on presentation of the notice.
5-6 SECTION 16. Section 86.010, Election Code, is amended by
5-7 amending Subsection (c) and adding Subsection (d) to read as
5-8 follows:
5-9 (c) The person assisting the voter must sign a written oath
5-10 prescribed by Section 64.034.
5-11 (d) If a voter is assisted in violation of Subsection (a) or
5-12 (b) [this section], the voter's ballot may not be counted.
5-13 SECTION 17. Section 86.013, Election Code, is amended by
5-14 amending Subsections (d) and (e) and adding Subsection (f) to read
5-15 as follows:
5-16 (d) The following textual material, as [prohibition
5-17 prescribed by Section 86.006(b), in wording] prescribed by the
5-18 secretary of state, must be printed on the reverse side of the
5-19 official carrier envelope or on a separate sheet accompanying the
5-20 carrier envelope when it is provided:
5-21 (1) the prohibition prescribed by Section 86.006(b);
5-22 (2) the conditions for delivery by common or contract
5-23 carrier prescribed by Sections 81.005 and 86.006; and
5-24 (3) the requirements for the legal execution and
5-25 delivery of the carrier envelope.
5-26 (e) The following notice must be printed on the reverse side
5-27 of the official carrier envelope, near the space provided for the
5-28 voter's signature: "This envelope must be sealed by the voter
5-29 before it leaves the voter's hands. Do not sign this envelope
5-30 unless the ballot has been marked by you or at your direction."
5-31 (f) The oath of a person assisting a voter must be included
5-32 on the official carrier envelope.
5-33 SECTION 18. Section 86.014(a), Election Code, is amended to
5-34 read as follows:
5-35 (a) A copy of an application for a ballot to be voted by
5-36 mail may be obtained from the early voting clerk:
5-37 (1) 72 hours after the time a ballot is mailed to the
5-38 voter; or
5-39 (2) 48 hours after the time a ballot is mailed to the
5-40 voter if the mailing occurs on the fourth day before election day
5-41 [receipt of the application by the clerk].
5-42 SECTION 19. Section 87.002, Election Code, is amended by
5-43 amending Subsection (b) and adding Subsections (c) and (d) to read
5-44 as follows:
5-45 (b) Except as provided by Subsection (d), the [The]
5-46 presiding judge is appointed in the same manner as a presiding
5-47 election judge. Except as provided by Subsection (c), the [The]
5-48 other members are appointed by the presiding judge in the same
5-49 manner as the precinct election clerks.
5-50 (c) In the general election for state and county officers,
5-51 each county chair of a political party with nominees on the general
5-52 election ballot shall submit to the county election board a list of
5-53 names of persons eligible to serve on the early voting ballot
5-54 board. The county election board shall appoint at least one person
5-55 from each list to serve as a member of the early voting ballot
5-56 board. The same number of members must be appointed from each
5-57 list.
5-58 (d) In addition to the members appointed under Subsection
5-59 (c), the county election board shall appoint the presiding judge
5-60 from the list provided under that subsection by the political party
5-61 whose nominee for governor received the most votes in the county in
5-62 the most recent gubernatorial general election.
5-63 SECTION 20. Subsections (a), (i), and (j), Section 87.027,
5-64 Election Code, are amended to read as follows:
5-65 (a) A signature verification committee may be appointed in
5-66 any election. The early voting clerk is the authority responsible
5-67 for determining whether a signature verification committee is to be
5-68 appointed. If the clerk determines that a committee is to be
5-69 appointed, the clerk shall issue a written order calling for the
6-1 appointment. Section 87.0271 supersedes this section to the extent
6-2 of a conflict.
6-3 (i) The signature verification committee shall compare the
6-4 signature on each carrier envelope certificate, except those signed
6-5 for a voter by a witness, with the signature on the voter's ballot
6-6 application to determine whether the signatures are those of the
6-7 same person. The committee may also compare the signatures with
6-8 the signature on the voter's registration application to confirm
6-9 that the signatures match but may not use the registration
6-10 application signature to determine that the signatures do not
6-11 match. A determination under this subsection that the signatures
6-12 do not match must be made by a majority vote of the committee's
6-13 membership. The committee shall place the jacket envelopes,
6-14 carrier envelopes, and applications of voters whose signatures do
6-15 not match in separate containers from those of voters whose
6-16 signatures match. The committee chair [chairman] shall deliver the
6-17 sorted materials to the early voting ballot board at the time
6-18 specified by the board's presiding judge but within the period
6-19 permitted for the early voting clerk's delivery of early voting
6-20 ballots to the board.
6-21 (j) If a signature verification committee is appointed, the
6-22 early voting ballot board shall follow the same procedure for
6-23 accepting the early voting ballots voted by mail as in an election
6-24 without a signature verification committee, except that the board
6-25 may not determine whether a voter's signatures on the carrier
6-26 envelope certificate and ballot application match if the committee
6-27 has determined that the signatures match. If the committee has
6-28 determined that the signatures do not match, the board may make a
6-29 determination that the signatures match by a majority vote of the
6-30 board's membership.
6-31 SECTION 21. Subchapter B, Chapter 87, Election Code, is
6-32 amended by adding Section 87.0271 to read as follows:
6-33 Sec. 87.0271. COMMITTEE REQUIREMENTS SPECIFIC TO GENERAL
6-34 ELECTION FOR STATE AND COUNTY OFFICERS. (a) A signature
6-35 verification committee shall be appointed in the general election
6-36 for state and county officers on receipt by the early voting clerk
6-37 of a written request for the committee submitted by at least 15
6-38 registered voters of the county. Except as provided by this
6-39 section, Section 87.027 applies to the committee.
6-40 (b) If a signature verification committee is appointed under
6-41 this section, each county chair of a political party with nominees
6-42 on the general election ballot shall submit to the county election
6-43 board a list of names of persons eligible to serve on the
6-44 committee. The county election board shall appoint at least two
6-45 persons from each list to serve as members of the committee. The
6-46 same number of members must be appointed from each list.
6-47 (c) In addition to the members appointed under Subsection
6-48 (b), the county election board shall appoint the chair of the
6-49 committee from the list provided under that subsection by the
6-50 political party whose nominee for governor received the most votes
6-51 in the county in the most recent gubernatorial general election.
6-52 SECTION 22. Section 87.041, Election Code, is amended by
6-53 adding Subsection (e) to read as follows:
6-54 (e) In making the determination under Subsection (b)(2), the
6-55 board may also compare the signatures with the signature on the
6-56 voter's registration application to confirm that the signatures
6-57 match but may not use the registration application signature to
6-58 determine that the signatures do not match.
6-59 SECTION 23. Section 87.121(f), Election Code, is amended to
6-60 read as follows:
6-61 (f) Information on the roster for a person to whom an early
6-62 voting mail ballot has been sent is not available for public
6-63 inspection, except to the voter seeking to verify that the
6-64 information pertaining to the voter [him] is accurate, until:
6-65 (1) 72 hours after the time a ballot is mailed to the
6-66 voter; or
6-67 (2) 48 [24] hours after the time a ballot is [was]
6-68 mailed to the voter if the mailing occurs on the fourth day before
6-69 election day.
7-1 SECTION 24. Section 112.006, Election Code, is amended to
7-2 read as follows:
7-3 Sec. 112.006. Place for Voting by Personal Appearance. A
7-4 [(a) Except as provided by Subsection (b), a person may vote a
7-5 limited ballot by personal appearance only at an early voting
7-6 polling place serving the voters of the election precinct in which
7-7 the person resides.]
7-8 [(b) In a county with a population of more than 1,500,000,
7-9 a] person may vote a limited ballot by personal appearance only at
7-10 the main early voting polling place.
7-11 SECTION 25. Section 84.006, Election Code, is repealed.
7-12 SECTION 26. (a) The change in law made by this Act applies
7-13 only to an offense committed on or after the effective date of this
7-14 Act. For purposes of this section, an offense is committed before
7-15 the effective date of this Act if any element of the offense occurs
7-16 before that date.
7-17 (b) An offense committed before the effective date of this
7-18 Act is covered by the law in effect when the offense was committed,
7-19 and the former law is continued in effect for that purpose.
7-20 SECTION 27. This Act takes effect September 1, 1997.
7-21 SECTION 28. The importance of this legislation and the
7-22 crowded condition of the calendars in both houses create an
7-23 emergency and an imperative public necessity that the
7-24 constitutional rule requiring bills to be read on three several
7-25 days in each house be suspended, and this rule is hereby suspended.
7-26 * * * * *