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.