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By: Keel, Hodge H.B. No. 2405
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting a person not entitled to receive an early
voting ballot by mail from casting that ballot; providing a
criminal penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.001, Election Code, is amended by
amending Subsection (f) and adding Subsection (g) to read as
follows:
(f) A person who has not made an application as provided by
this title is not entitled to receive an early voting ballot to be
voted by mail. A marked ballot voted by mail of a person who has not
made an application as provided by this title may not be counted.
(g) A person commits an offense if, with the intent that an
unlawful ballot be cast, the person directs the return of a marked
early voting ballot by mail as provided by Section 86.006 with the
knowledge that the ballot is from a voter who is not entitled to
receive an early voting ballot to be voted by mail. An offense
under this subsection is a Class C misdemeanor.
SECTION 2. Section 86.002, Election Code, is amended by
adding Subsection (h) to read as follows:
(h) The clerk shall include with the balloting materials a
notice in a form prescribed by the secretary of state:
(1) informing the voter of the categories of persons
who are eligible to vote by mail; and
(2) stating that the voter should not cast the ballot
unless the voter or a person authorized by this code to assist the
voter requested the ballot.
SECTION 3. This Act applies only to an election ordered on
or after the effective date of this Act.
SECTION 4. This Act takes effect September 1, 2005.