By Madden H.B. No. 1432
77R3164 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain early voting by mail procedures.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 82.003, Election Code, is amended to read
1-5 as follows:
1-6 Sec. 82.003. AGE. A qualified voter is eligible for early
1-7 voting by mail if the voter is 70 [65] years of age or older on
1-8 election day.
1-9 SECTION 2. Section 84.011(a), Election Code, is amended to
1-10 read as follows:
1-11 (a) The officially prescribed application form for an early
1-12 voting ballot must include:
1-13 (1) immediately preceding the signature space the
1-14 statement: "I certify that I am a United States citizen and a
1-15 legal resident of Texas, and that I am otherwise eligible for early
1-16 voting by mail in accordance with the Election Code. I certify
1-17 that the information given in this application is true, and I
1-18 understand that giving false information in this application is a
1-19 crime.";
1-20 (2) a statement informing the applicant of the offense
1-21 prescribed by Section 84.004;
1-22 (3) spaces for entering an applicant's voter
1-23 registration number and county election precinct of registration,
1-24 with a statement informing the applicant that failure to furnish
2-1 that information does not invalidate the application; and
2-2 (4) on an application for a ballot to be voted by
2-3 mail:
2-4 (A) a space for an applicant applying on the
2-5 ground of absence from the county of residence to indicate the date
2-6 on or after which the applicant can receive mail at the address
2-7 outside the county;
2-8 (B) a space for indicating the fact that an
2-9 applicant whose application is signed by a witness cannot make the
2-10 applicant's mark and a space for indicating the relationship or
2-11 lack of relationship of the witness to the applicant;
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;
2-16 (D) a space or box for an applicant applying on
2-17 the ground of age or disability to indicate that the address to
2-18 which the ballot is to be mailed is the address of a facility or
2-19 relative described by Section 84.002(a)(3), if applicable;
2-20 (E) a space or box for an applicant applying on
2-21 the ground of confinement in jail to indicate that the address to
2-22 which the ballot is to be mailed is the address of a relative
2-23 described by Section 84.002(a)(4), if applicable;
2-24 (F) a space for entering the name of any person
2-25 assisting the applicant;
2-26 (G) a statement informing the applicant of the
2-27 condition prescribed by Section 81.005; and
3-1 (H) a statement informing the applicant of the
3-2 requirement prescribed by Section 86.003(c).
3-3 SECTION 3. Section 86.006(d), Election Code, is amended to
3-4 read as follows:
3-5 (d) Each carrier envelope that is delivered by a common or
3-6 contract carrier must be accompanied by an individual delivery
3-7 receipt for that particular carrier envelope that is signed and
3-8 dated by the voter and that indicates the date, hour, and address
3-9 at which the carrier envelope was received by the carrier [unless
3-10 the carrier does not routinely issue a receipt, in which case the
3-11 secretary of state shall prescribe appropriate procedures for
3-12 accounting for the delivery]. A delivery of carrier envelopes is
3-13 prohibited by a common or contract carrier if the delivery
3-14 originates from the address of:
3-15 (1) the headquarters of a political party or a
3-16 candidate in the election;
3-17 (2) a candidate in the election unless the address is
3-18 the residence of the early voter;
3-19 (3) a specific-purpose or general-purpose political
3-20 committee involved in the election; [or]
3-21 (4) an entity that requested that the election be
3-22 held, unless the delivery is a forwarding to the early voting
3-23 clerk; or
3-24 (5) a political action group or agent employed by or
3-25 working for or on behalf of a political party, candidate, or
3-26 representative of a candidate.
3-27 SECTION 4. This Act takes effect September 1, 2001.