By Madden                                       H.B. No. 2970

      75R8495 GGS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to certain early voting procedures.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 84.001, Election Code, is amended by

 1-5     amending Subsections (a), (d), and (e) and adding Subsection (f) to

 1-6     read as follows:

 1-7           (a)  To be entitled to vote an early voting ballot by mail, a

 1-8     person who is eligible for early voting must make an application

 1-9     for an early voting ballot to be voted by mail as provided by this

1-10     title.

1-11           (d)  An application form may not contain any information that

1-12     suggests a campaign endorsement.

1-13           (e)  An applicant for a ballot to be voted by mail may apply

1-14     for ballots for the main election and any resulting runoff election

1-15     on the same application.  The timeliness of the application for

1-16     both elections is determined in relation to the main election.

1-17     However, if the application is not timely for the main election,

1-18     the timeliness of the application for the runoff election is

1-19     determined in relation to that election.

1-20           (f) [(e)]  A person who has not made an application as

1-21     provided by this title is not entitled to receive an early voting

1-22     ballot to be voted by mail.

1-23           SECTION 2.  Section 85.031, Election Code, is amended to read

1-24     as follows:

 2-1           Sec. 85.031.  ACCEPTING VOTER.  (a)  For each person [If an

 2-2     applicant is] entitled to vote an early voting ballot by personal

 2-3     appearance, the early voting clerk shall follow the procedure for

 2-4     accepting a regular voter on election day, with the modifications

 2-5     necessary for the conduct of early voting.

 2-6           (b)  A signature roster is not required to be maintained at

 2-7     an early voting polling place.

 2-8           (c)  On accepting a voter [If an applicant does not enter the

 2-9     applicant's voter registration number or county election precinct

2-10     of residence on the application, or enters an incorrect number or

2-11     precinct, the clerk shall enter the appropriate information on the

2-12     application before permitting the applicant to vote.]

2-13           [(d)  If the applicant is accepted to vote], the clerk shall

2-14     indicate beside the voter's [applicant's]  name on the list of

2-15     registered voters or registration omissions list, as applicable,

2-16     that the voter is [applicant was] accepted  to vote by personal

2-17     appearance unless the form of either list makes it impracticable to

2-18     do so, and the clerk shall enter the voter's [applicant's] name on

2-19     the poll list.

2-20           SECTION 3.  Section 86.010, Election Code, is amended by

2-21     amending Subsection (c) and adding Subsection (d) to read as

2-22     follows:

2-23           (c)  The person assisting the voter must sign a written oath

2-24     prescribed by Section 64.034.

2-25           (d)  If a voter is assisted in violation of this section, the

2-26     voter's ballot may not be counted.

2-27           SECTION 4.  Section 86.013, Election Code, is amended by

 3-1     adding Subsection (f) to read as follows:

 3-2           (f)  The oath of a person assisting a voter must be included

 3-3     on the official carrier envelope.

 3-4           SECTION 5.  Section 86.014(a), Election Code, is amended to

 3-5     read as follows:

 3-6           (a)  A copy of an application for a ballot to be voted by

 3-7     mail may be obtained from the early voting clerk [48 hours] after

 3-8     the receipt of the voter's official carrier envelope [application]

 3-9     by the clerk.

3-10           SECTION 6.  Section 87.121(f), Election Code, is amended to

3-11     read as follows:

3-12           (f)  Information on the roster for a person to whom an early

3-13     voting mail ballot has been sent is not available for public

3-14     inspection, except to the voter seeking to verify that the

3-15     information pertaining to the voter [him] is accurate, until after

3-16     the receipt of the voter's official carrier envelope by the clerk

3-17     [24 hours after the time a ballot was mailed to the voter].

3-18           SECTION 7.  Sections 84.006 and 85.064(c), Election Code, are

3-19     repealed.

3-20           SECTION 8.  This Act takes effect September 1, 1997.

3-21           SECTION 9.  The importance of this legislation and the

3-22     crowded condition of the calendars in both houses create an

3-23     emergency and an imperative public necessity that the

3-24     constitutional rule requiring bills to be read on three several

3-25     days in each house be suspended, and this rule is hereby suspended.