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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.