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                                  * * * * *