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79R14535 ATP-D
By: Gattis, Bohac H.B. No. 963
Substitute the following for H.B. No. 963:
By: Bohac C.S.H.B. No. 963
A BILL TO BE ENTITLED
AN ACT
relating to provisional voting by a person who applied for an early
voting ballot by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.011, Election Code, is amended by
adding Subsection (a-1) and amending Subsection (b) to read as
follows:
(a-1) A person to whom the early voting clerk was required
to provide an early voting ballot by mail under Section 86.001 and
who did not vote early by mail may cast a provisional ballot on
election day if the person executes an affidavit stating that the
person:
(1) is a registered voter in the precinct in which the
person seeks to vote; and
(2) did not vote early by mail.
(b) A form for the affidavits required by Subsections (a)
and (a-1) [affidavit] shall be printed on an envelope in which the
provisional ballot voted by the person may be placed and must
include a space for entering the identification number of the
provisional ballot voted by the person. The affidavit form may
include space for disclosure of any necessary information to enable
the person to register to vote under Chapter 13. The secretary of
state shall prescribe the form of the affidavit under this section.
SECTION 2. Section 84.032, Election Code, is amended by
amending Subsection (b) and adding Subsection (g) to read as
follows:
(b) A request must:
(1) be in writing and signed by the applicant;
(2) specify the election for which the application was
made; and
(3) except as provided by Subsection (c), (d), [or]
(e), or (g), be received by the early voting clerk:
(A) not later than the third day before election
day; and
(B) if an early voting ballot sent to the
applicant is returned to the clerk as a marked ballot, before the
marked ballot's arrival at the address on the carrier envelope.
(g) An applicant who did not vote early by mail may submit a
request to the presiding election judge on election day at the
applicant's precinct polling place by appearing in person,
executing an affidavit under Section 63.011(a-1), and casting a
provisional ballot.
SECTION 3. Section 84.036, Election Code, is amended to
read as follows:
Sec. 84.036. DISPOSITION OF RETURNED BALLOT. If an early
voting ballot sent to an applicant whose application is canceled is
returned to the early voting clerk as a marked ballot, the ballot
shall be treated as a marked ballot not timely returned, except that
a ballot canceled under Section 84.032(g) shall be treated as a
ballot rejected under Section 87.041.
SECTION 4. Section 87.0241, Election Code, is amended to
read as follows:
Sec. 87.0241. TIME OF PROCESSING BALLOTS [BEFORE POLLS
OPEN]. (a) The early voting ballot board may preliminarily
determine whether to accept early voting ballots voted by mail in
accordance with Sections 87.041(b)(1)-(7) [Section 87.041] at any
time after the ballots are delivered to the board.
(b) The board may not finally determine whether to accept
early voting ballots voted by mail in accordance with Section
87.041 or count early voting ballots until all provisional ballots
are delivered to the general custodian of election records and the
board has an opportunity to compare the provisional ballots to the
early voting ballots voted by mail[:
[(1) the polls open on election day; or
[(2) in an election conducted by an authority of a
county with a population of 100,000 or more or conducted jointly
with such a county, the end of the period for early voting by
personal appearance].
(c) The secretary of state shall prescribe any procedures
necessary for implementing this section [in regard to elections
described by Subsection (b)(2)].
SECTION 5. Section 87.041, Election Code, is amended by
amending Subsection (b) and adding Subsection (f) to read as
follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; [and]
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) the voter has not requested cancellation of the
application to vote early by mail under Section 84.032(g).
(f) In making the determination under Subsection (a)(8),
the board shall compare the affidavits located on the outside of the
envelopes for the provisional ballots cast in the election to the
carrier envelopes for the ballots voted by mail.
SECTION 6. Section 87.082(b), Election Code, is repealed.
SECTION 7. The changes in law made by this Act apply only to
an election held on or after October 1, 2005.
SECTION 8. This Act takes effect October 1, 2005.