By Danburg H.B. No. 1698
76R3770 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain early voting processes and procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 82.002(a), Election Code, is amended to
1-5 read as follows:
1-6 (a) A qualified voter is eligible for early voting by mail
1-7 if the voter has a sickness or physical condition that prevents the
1-8 voter from appearing at the polling place on election day and
1-9 during the early voting period without a likelihood of needing
1-10 personal assistance or of injuring the voter's health.
1-11 SECTION 2. Section 82.003, Election Code, is amended to read
1-12 as follows:
1-13 Sec. 82.003. AGE. A qualified voter is eligible for early
1-14 voting by mail if the voter is 65 years of age or older on election
1-15 day and is physically unable to appear at the polling place on
1-16 election day and during the early voting period without a
1-17 likelihood of needing personal assistance or of injuring the
1-18 voter's health.
1-19 SECTION 3. Section 84.001(c), Election Code, is amended to
1-20 read as follows:
1-21 (c) An applicant must [is not required to] use an official
1-22 application form.
1-23 SECTION 4. Section 84.002, Election Code, is amended by
1-24 amending Subsection (a) and adding Subsections (c) and (d) to read
2-1 as follows:
2-2 (a) An early voting ballot application must include:
2-3 (1) the applicant's:
2-4 (A) name as indicated on the applicant's voter
2-5 registration certificate;
2-6 (B) [and the] address at which the applicant is
2-7 registered to vote;
2-8 (C) date of birth; and
2-9 (D) voter registration number and county
2-10 election precinct of registration;
2-11 (2) for an application for a ballot to be voted by
2-12 mail on the ground of absence from the county of residence, the
2-13 address outside the applicant's county of residence to which the
2-14 ballot is to be mailed;
2-15 (3) for an application for a ballot to be voted by
2-16 mail on the ground of age or disability, the address of the
2-17 hospital, nursing home or other long-term care facility, or
2-18 retirement center, or of a person related to the applicant within
2-19 the second degree by affinity or the third degree by consanguinity,
2-20 as determined under Chapter 573, Government Code, if the applicant
2-21 is living at that address and that address is different from the
2-22 address at which the applicant is registered to vote;
2-23 (4) for an application for a ballot to be voted by
2-24 mail on the ground of confinement in jail, the address of the jail
2-25 or of a person related to the applicant within the degree described
2-26 by Subdivision (3);
2-27 (5) for an application for a ballot to be voted by
3-1 mail on any ground, an indication of each election for which the
3-2 applicant is applying for a ballot; and
3-3 (6) an indication of the ground of eligibility for
3-4 early voting.
3-5 (c) An application for a ballot to be voted by mail on the
3-6 ground of disability must include a statement from a physician or
3-7 other health care provider that the applicant has a sickness or
3-8 physical condition that prevents the person from appearing at the
3-9 polling place on election day and during the early voting period
3-10 without a likelihood of needing personal assistance or of injuring
3-11 the person's health. The statement must be signed and acknowledged
3-12 by both the physician or other health care provider and the
3-13 applicant.
3-14 (d) An application for a ballot to be voted by mail on the
3-15 ground of age must include a sworn statement executed by the
3-16 applicant that the person is 65 years of age or older on election
3-17 day and is physically unable to appear at the polling place on
3-18 election day and during the early voting period without a
3-19 likelihood of needing personal assistance or of injuring the
3-20 person's health.
3-21 SECTION 5. Section 84.007(b), Election Code, is amended to
3-22 read as follows:
3-23 (b) An applicant must submit an application directly [must
3-24 be submitted] to the early voting clerk by:
3-25 (1) mail;
3-26 (2) common or contract carrier; or
3-27 (3) telephonic facsimile machine, if the applicant is
4-1 absent from the county and if a machine is available in the clerk's
4-2 office.
4-3 SECTION 6. Section 84.011(a), Election Code, is amended to
4-4 read as follows:
4-5 (a) In addition to the other statements and spaces for
4-6 entering information that appear on an [The] officially prescribed
4-7 application form for an early voting ballot, each official form
4-8 must include:
4-9 (1) immediately preceding the signature space the
4-10 statement: "I certify that the information given in this
4-11 application is true, and I understand that giving false information
4-12 in this application is a crime.";
4-13 (2) a statement informing the applicant of the offense
4-14 prescribed by Section 84.004; and
4-15 (3) [spaces for entering an applicant's voter
4-16 registration number and county election precinct of registration,
4-17 with a statement informing the applicant that failure to furnish
4-18 that information does not invalidate the application; and]
4-19 [(4)] on an application for a ballot to be voted by
4-20 mail:
4-21 (A) a space for an applicant applying on the
4-22 ground of absence from the county of residence to indicate the date
4-23 on or after which the applicant can receive mail at the address
4-24 outside the county;
4-25 (B) a space for indicating the fact that an
4-26 applicant whose application is signed by a witness cannot make the
4-27 applicant's mark and a space for indicating the relationship or
5-1 lack of relationship of the witness to the applicant;
5-2 (C) a space for entering an applicant's
5-3 telephone number, with a statement informing the applicant that
5-4 failure to furnish that information does not invalidate the
5-5 application;
5-6 (D) a space or box for an applicant applying on
5-7 the ground of age or disability to indicate that the address to
5-8 which the ballot is to be mailed is the address of a facility or
5-9 relative described by Section 84.002(a)(3), if applicable;
5-10 (E) a space or box for an applicant applying on
5-11 the ground of confinement in jail to indicate that the address to
5-12 which the ballot is to be mailed is the address of a relative
5-13 described by Section 84.002(a)(4), if applicable;
5-14 (F) a space for entering the name of any person
5-15 assisting the applicant;
5-16 (G) a statement informing the applicant of the
5-17 condition prescribed by Section 81.005; and
5-18 (H) a statement informing the applicant of the
5-19 requirement prescribed by Section 86.003(c).
5-20 SECTION 7. Section 85.064, Election Code, is amended to read
5-21 as follows:
5-22 Sec. 85.064. DAYS AND HOURS FOR VOTING: TEMPORARY BRANCH [IN
5-23 POPULOUS COUNTY]. [(a) This section applies only to an election in
5-24 which the territory served by the early voting clerk is situated in
5-25 a county with a population of 100,000 or more. In an election in
5-26 which the territory served by the clerk is situated in more than
5-27 one county, this section applies if the sum of the populations of
6-1 the counties is 100,000 or more.]
6-2 [(b)] Early voting by personal appearance at each temporary
6-3 branch polling place [established under Section 85.062(d)] shall be
6-4 conducted on the days and during the hours that voting is [required
6-5 to be] conducted at the main early voting polling place [under
6-6 Section 85.005]. [The authority establishing the temporary branch
6-7 polling place shall determine the hours during which the voting is
6-8 to be conducted on those days. The authority shall order voting to
6-9 be conducted for the same number of hours that voting is required
6-10 to be conducted on those days at the main early voting polling
6-11 place under Section 85.005 on receipt of a written request for
6-12 those hours submitted by at least 15 registered voters of the
6-13 county. The request must be submitted in time to enable compliance
6-14 with Section 85.067.]
6-15 [(c) Early voting by personal appearance at a temporary
6-16 branch polling place other than a temporary branch polling place
6-17 established under Section 85.062(d) may be conducted on any one or
6-18 more days and during any hours of the period for early voting by
6-19 personal appearance, as determined by the authority establishing
6-20 the branch.]
6-21 [(d) The authority authorized under Section 85.006 to order
6-22 early voting on a Saturday or Sunday may also order, in the manner
6-23 prescribed by that section, early voting to be conducted on a
6-24 Saturday or Sunday at any one or more of the temporary branch
6-25 polling places. In addition, the early voting clerk of a county
6-26 covered by Section 85.006(e) shall order such voting in accordance
6-27 with that subsection at each temporary branch polling place
7-1 established under Section 85.062(d).]
7-2 SECTION 8. Section 86.002, Election Code, is amended by
7-3 adding Subsection (f) to read as follows:
7-4 (f) The clerk shall include with the balloting materials a
7-5 statement form to be completed and signed by the voter. On the
7-6 statement the voter must provide the information described by
7-7 Section 84.002(a)(1) that the voter provided on the ballot
7-8 application. As part of the statement, the voter must sign an oath
7-9 stating that the ballot reflects the voluntary will of the voter.
7-10 A voter may receive assistance in completing the statement as
7-11 provided by Section 86.010.
7-12 SECTION 9. Section 86.005(c), Election Code, is amended to
7-13 read as follows:
7-14 (c) After marking the ballot, the voter must place it and
7-15 the statement required by Section 86.002(f) in the official ballot
7-16 envelope and then seal the ballot envelope, place the ballot
7-17 envelope in the official carrier envelope and then seal the carrier
7-18 envelope, and sign the certificate on the carrier envelope.
7-19 SECTION 10. Section 86.014(a), Election Code, is amended to
7-20 read as follows:
7-21 (a) A copy of an application for a ballot to be voted by
7-22 mail may be obtained from the early voting clerk on or after the
7-23 10th day[:]
7-24 [(1) 72 hours] after the date [time] a ballot is
7-25 mailed to the voter[; or]
7-26 [(2) 48 hours after the time a ballot is mailed to the
7-27 voter if the mailing occurs on the fourth day before election day].
8-1 SECTION 11. Section 87.041(b), Election Code, is amended to
8-2 read as follows:
8-3 (b) A ballot may be accepted only if:
8-4 (1) the carrier envelope certificate is properly
8-5 executed;
8-6 (2) neither the voter's signature on the ballot
8-7 application nor the signature on the carrier envelope certificate
8-8 is determined to have been executed by a person other than the
8-9 voter, unless signed by a witness;
8-10 (3) the voter's ballot application states a legal
8-11 ground for early voting by mail;
8-12 (4) the voter is registered to vote, if registration
8-13 is required by law;
8-14 (5) the address to which the ballot was mailed to the
8-15 voter, as indicated by the application, was outside the voter's
8-16 county of residence, if the ground for early voting is absence from
8-17 the county of residence; [and]
8-18 (6) for a voter to whom a statement of residence form
8-19 was required to be sent under Section 86.002(a), the statement of
8-20 residence is returned in the carrier envelope and indicates that
8-21 the voter satisfies the residence requirements prescribed by
8-22 Section 63.0011; and
8-23 (7) the voter completes and returns the statement
8-24 required by Section 86.002(f) with the ballot and the information
8-25 contained on the statement matches the information provided on the
8-26 ballot application under Section 84.002(a)(1).
8-27 SECTION 12. Section 87.121(f), Election Code, is amended to
9-1 read as follows:
9-2 (f) Information on the roster for a person to whom an early
9-3 voting mail ballot has been sent is not available for public
9-4 inspection, except to the voter seeking to verify that the
9-5 information pertaining to the voter is accurate, until the 10th
9-6 day[:]
9-7 [(1) 72 hours] after the date [time] a ballot is
9-8 mailed to the voter[; or]
9-9 [(2) 48 hours after the time a ballot is mailed to the
9-10 voter if the mailing occurs on the fourth day before election day].
9-11 SECTION 13. Section 85.065 and Section 86.001(d), Election
9-12 Code, are repealed.
9-13 SECTION 14. This Act takes effect September 1, 1999.
9-14 SECTION 15. The importance of this legislation and the
9-15 crowded condition of the calendars in both houses create an
9-16 emergency and an imperative public necessity that the
9-17 constitutional rule requiring bills to be read on three several
9-18 days in each house be suspended, and this rule is hereby suspended.