By Brown S.B. No. 552
75R4378 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain early voting procedures; providing criminal
1-3 penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 84.002(a), Election Code, is amended to
1-6 read as follows:
1-7 (a) An early voting ballot application must include:
1-8 (1) the applicant's name and the address at which the
1-9 applicant is registered to vote;
1-10 (2) for an application for a ballot to be voted by
1-11 mail on the ground of absence from the county of residence, the
1-12 address outside the applicant's county of residence to which the
1-13 ballot is to be mailed;
1-14 (3) for an application for a ballot to be voted by
1-15 mail on the ground of age or disability, the address of the
1-16 hospital, nursing home or other long-term care facility, or
1-17 retirement center, if the applicant is living at that address and
1-18 that address is different from the address at which the applicant
1-19 is registered to vote;
1-20 (4) for an application for a ballot to be voted by
1-21 mail on the ground of confinement in jail, the address of the jail;
1-22 (5) for an application for a ballot to be voted by
1-23 mail on any ground, [and] an indication of each election for which
1-24 the applicant [voter] is applying for a ballot; and
2-1 (6) [(3)] an indication of the ground of eligibility
2-2 for early voting.
2-3 SECTION 2. Section 84.004(e), Election Code, is amended to
2-4 read as follows:
2-5 (e) An offense under this section is a Class A [B]
2-6 misdemeanor.
2-7 SECTION 3. Section 84.0041(b), Election Code, is amended to
2-8 read as follows:
2-9 (b) An offense under this section is a Class A [B]
2-10 misdemeanor.
2-11 SECTION 4. Section 84.011(a), Election Code, is amended to
2-12 read as follows:
2-13 (a) The officially prescribed application form for an early
2-14 voting ballot must include:
2-15 (1) immediately preceding the signature space the
2-16 statement: "I certify that the information given in this
2-17 application is true, and I understand that giving false information
2-18 in this application is a crime.";
2-19 (2) a statement informing the applicant [voters] of
2-20 the offense prescribed by Section 84.004;
2-21 (3) spaces for entering an applicant's voter
2-22 registration number and county election precinct of registration,
2-23 with a statement informing the applicant that failure to furnish
2-24 that information does not invalidate the application; and
2-25 (4) on an application for a ballot to be voted by
2-26 mail:
2-27 (A) a space for an applicant applying on the
3-1 ground of absence from the county of residence to indicate the date
3-2 on or after which the applicant can receive mail at the address
3-3 outside the county;
3-4 (B) a space for indicating the fact that an
3-5 applicant whose application is signed by a witness cannot make the
3-6 applicant's [his] mark and a space for indicating the relationship
3-7 or [the] lack of relationship of the witness to the applicant;
3-8 [and]
3-9 (C) a space for entering an applicant's
3-10 telephone number, with a statement informing the applicant that
3-11 failure to furnish that information does not invalidate the
3-12 application;
3-13 (D) a space or box for an applicant applying on
3-14 the ground of age or disability to indicate that the address to
3-15 which the ballot is to be mailed is a facility described by Section
3-16 84.002(a)(3), if applicable; and
3-17 (E) a statement informing the applicant of the
3-18 requirement prescribed by Section 86.003(c).
3-19 SECTION 5. Section 86.003, Election Code, is amended to read
3-20 as follows:
3-21 Sec. 86.003. METHOD OF PROVIDING BALLOT TO VOTER: REQUIRED
3-22 ADDRESS. (a) The balloting materials for voting by mail shall be
3-23 provided to the voter by mail. A ballot provided by any other
3-24 method may not be counted.
3-25 (b) Subject to Subsection (c), the balloting materials shall
3-26 be addressed to the applicable [mailing] address specified in the
3-27 voter's application. [If no mailing address is specified, the
4-1 materials shall be mailed to the voter's residence address unless a
4-2 different address is required by Subsection (c).] The election
4-3 officer providing the ballot may not knowingly mail the materials
4-4 to an address other than that prescribed by this section.
4-5 (c) The [mailing] address to which the balloting materials
4-6 must be addressed is the address at which the voter is registered
4-7 to vote [the voter's residence or temporary living quarters]
4-8 unless[:]
4-9 [(1)] the ground for voting by mail is:
4-10 (1) absence from the county of residence, in which
4-11 case the address must be an address outside the voter's county of
4-12 residence; [or]
4-13 (2) [the ground for voting by mail is] confinement in
4-14 jail, in which case the address must be the jail; or
4-15 (3) age or disability and the voter is living at a
4-16 hospital, nursing home or other long-term care facility, or
4-17 retirement center, in which case the address must be that facility.
4-18 (d) If the applicable [mailing] address specified in a
4-19 voter's application is an address other than that prescribed by
4-20 Subsection (c), the voter's application shall be rejected in
4-21 accordance with Section 86.001(c) [ballot may not be counted].
4-22 SECTION 6. Chapter 86, Election Code, is amended by adding
4-23 Section 86.0061 to read as follows:
4-24 Sec. 86.0061. COLLECTION BY CANDIDATE OR CAMPAIGN WORKER
4-25 PROHIBITED. (a) In this section:
4-26 (1) "Campaign worker" means a person who is employed
4-27 by or volunteers for:
5-1 (A) an election campaign;
5-2 (B) a political party to promote the candidates
5-3 or interests of the party; or
5-4 (C) a political action committee or other
5-5 political organization to promote the candidates or interests of
5-6 the committee or organization.
5-7 (2) "Candidate" means a person who has taken
5-8 affirmative action, as described by the law regulating political
5-9 funds and campaigns, for the purpose of gaining nomination or
5-10 election.
5-11 (b) A candidate or campaign worker in the election commits
5-12 an offense if the person collects or receives a voter's marked
5-13 ballot voted under this chapter.
5-14 (c) It is an exception to the application of this section
5-15 that the conduct of a candidate who is also the early voting clerk
5-16 occurs in connection with the duties and functions of the early
5-17 voting clerk as prescribed by this code.
5-18 (d) A marked ballot that is collected or received in
5-19 violation of this section may not be counted.
5-20 (e) Each marked ballot that is collected or received in
5-21 violation of this section constitutes a separate offense.
5-22 (f) An offense under this section is a Class A misdemeanor.
5-23 SECTION 7. Section 86.013(d), Election Code, is amended to
5-24 read as follows:
5-25 (d) The following textual material, as [prohibition
5-26 prescribed by Section 86.006(b), in wording] prescribed by the
5-27 secretary of state, must be printed on the reverse side of the
6-1 official carrier envelope:
6-2 (1) the prohibition prescribed by Section 86.006(b);
6-3 and
6-4 (2) the offense prescribed by Section 86.0061.
6-5 SECTION 8. Section 86.014(a), Election Code, is amended to
6-6 read as follows:
6-7 (a) A copy of an application for a ballot to be voted by
6-8 mail may be obtained from the early voting clerk after the end of
6-9 the period for early voting by personal appearance [48 hours after
6-10 the receipt of the application by the clerk].
6-11 SECTION 9. Section 87.121(f), Election Code, is amended to
6-12 read as follows:
6-13 (f) Information on the roster for a person to whom an early
6-14 voting mail ballot has been sent is not available for public
6-15 inspection, except to the voter seeking to verify that the
6-16 information pertaining to the voter [him] is accurate, until the
6-17 end of the period for early voting by personal appearance [24 hours
6-18 after the time a ballot was mailed to the voter].
6-19 SECTION 10. This Act takes effect September 1, 1997.
6-20 SECTION 11. The importance of this legislation and the
6-21 crowded condition of the calendars in both houses create an
6-22 emergency and an imperative public necessity that the
6-23 constitutional rule requiring bills to be read on three several
6-24 days in each house be suspended, and this rule is hereby suspended.