By Patterson                                    S.B. No. 1087

      75R3665 GGS-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the use and distribution of the form for an application

 1-3     for an early voting ballot.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 84.001(c), Election Code, is amended to

 1-6     read as follows:

 1-7           (c)  An applicant must [is not required to] use an officially

 1-8     prescribed [official] application form obtained from the early

 1-9     voting clerk on request of the applicant.

1-10           SECTION 2.  Section 84.011, Election Code, is amended by

1-11     amending Subsection (a) and adding Subsection (c) to read as

1-12     follows:

1-13           (a)  The officially prescribed application form for an early

1-14     voting ballot must include:

1-15                 (1)  immediately preceding the signature space the

1-16     statement:  "I certify that the information given in this

1-17     application is true, and I understand that giving false information

1-18     in this application is a crime.";

1-19                 (2)  a statement informing the applicant [voters] of

1-20     the offense prescribed by Section 84.004;

1-21                 (3)  spaces for entering an applicant's voter

1-22     registration number and county election precinct of registration,

1-23     with a statement informing the applicant that failure to furnish

1-24     that information does not invalidate the application; and

 2-1                 (4)  on an application for a ballot to be voted by

 2-2     mail:

 2-3                       (A)  a space for an applicant applying on the

 2-4     ground of absence from the county of residence to indicate the date

 2-5     on or after which the applicant can receive mail at the address

 2-6     outside the county;

 2-7                       (B)  a space for indicating the fact that an

 2-8     applicant whose application is signed by a witness cannot make the

 2-9     applicant's [his] mark  and a space for indicating the relationship

2-10     or [the] lack of relationship of the witness to the applicant;

2-11     [and]

2-12                       (C)  a space for entering an applicant's

2-13     telephone number, with a statement informing the applicant that

2-14     failure to furnish that information does not invalidate the

2-15     application; and

2-16                       (D)  a statement informing the applicant of the

2-17     requirement prescribed by Section 84.001(c).

2-18           (c)  Each application form for a ballot to be voted by mail

2-19     must be printed or marked with a number, code, or other notation,

2-20     as approved by the secretary of state, that identifies the form as

2-21     having been provided by the particular early voting clerk.

2-22           SECTION 3.  Section 84.012, Election Code, is amended to read

2-23     as follows:

2-24           Sec. 84.012.  CLERK TO MAIL APPLICATION FORM ON REQUEST.  The

2-25     early voting clerk shall mail without charge an appropriate

2-26     official application form for an early voting ballot to each

2-27     applicant [person] requesting the clerk to send the applicant [him]

 3-1     an application form.

 3-2           SECTION 4.  Section 84.013, Election Code, is repealed.

 3-3           SECTION 5.  This Act takes effect September 1, 1997.

 3-4           SECTION 6.  The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended.