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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for applying for a ballot to be voted by |
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mail; affecting the prosecution of a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.001(e), Election Code, is amended to |
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read as follows: |
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(e) An applicant for a ballot to be voted by mail may apply |
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for ballots for the main election and any resulting runoff election |
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on the same application. If an [The timeliness of the application
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for both elections is determined in relation to the main election.
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However, if the] application for the main election and any |
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resulting runoff is not timely for the main election, it will be |
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considered timely for any resulting runoff if received not later |
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than the deadline, determined using the date of the runoff |
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election, for submitting a regular application for a ballot to be |
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voted by mail [the timeliness of the application for the runoff
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election is determined in relation to that election]. |
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SECTION 2. Section 84.004(a), Election Code, is amended to |
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read as follows: |
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(a) A person commits an offense if: |
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(1) [, in the same election,] the person signs an |
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[early voting ballot] application for a ballot to be voted by mail |
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as a witness for more than one applicant in the same election; or |
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(2) the person signs an annual application for a |
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ballot to be voted by mail as a witness for more than one applicant |
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in the same calendar year. |
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SECTION 3. Section 84.007(c), Election Code, is amended to |
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read as follows: |
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(c) Except as provided by Section 86.0015, an [An] |
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application must be submitted on or after the 60th day before |
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election day and before the close of regular business in the early |
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voting clerk's office or 12 noon, whichever is later, on the 11th |
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[ninth] day before election day unless that day is a Saturday, |
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Sunday, or legal state or national holiday, in which case the last |
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day is the first preceding regular business day. |
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SECTION 4. Section 84.011(a), Election Code, is amended to |
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read as follows: |
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(a) The officially prescribed application form for an early |
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voting ballot must include: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(2) a statement informing the applicant of the |
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offenses prescribed by Sections 84.003 and 84.004; |
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(3) spaces for entering an applicant's voter |
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registration number and county election precinct of registration, |
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with a statement informing the applicant that failure to furnish |
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that information does not invalidate the application; and |
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(4) on an application for a ballot to be voted by mail: |
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(A) a space for an applicant applying on the |
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ground of absence from the county of residence to indicate the date |
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on or after which the applicant can receive mail at the address |
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outside the county; |
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(B) a space for indicating the fact that an |
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applicant whose application is signed by a witness cannot make the |
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applicant's mark and a space for indicating the relationship or |
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lack of relationship of the witness to the applicant; |
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(C) a space for entering an applicant's telephone |
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number, with a statement informing the applicant that failure to |
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furnish that information does not invalidate the application; |
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(D) a space or box for an applicant applying on |
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the ground of age or disability to indicate that the address to |
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which the ballot is to be mailed is the address of a facility or |
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relative described by Section 84.002(a)(3), if applicable; |
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(E) a space or box for an applicant applying on |
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the ground of confinement in jail to indicate that the address to |
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which the ballot is to be mailed is the address of a relative |
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described by Section 84.002(a)(4), if applicable; |
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(F) a space for an applicant applying on the |
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ground of age or disability to indicate if the application is an |
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annual application under Section 86.0015; |
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(G) spaces for entering the signature, printed |
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name, and residence address of any person assisting the applicant; |
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(H) [(G)] a statement informing the applicant of |
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the condition prescribed by Section 81.005; and |
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(I) [(H)] a statement informing the applicant of |
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the requirement prescribed by Section 86.003(c). |
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SECTION 5. The heading to Section 86.0015, Election Code, |
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is amended to read as follows: |
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Sec. 86.0015. ANNUAL [APPLYING FOR MORE THAN ONE ELECTION
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IN SAME] APPLICATION FOR BALLOT BY MAIL. |
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SECTION 6. Section 86.0015, Election Code, is amended by |
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amending Subsections (a) and (b) and adding Subsections (b-1), |
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(b-2), and (e) to read as follows: |
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(a) This section applies only to an application for a ballot |
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to be voted by mail that: |
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(1) is submitted to the county clerk indicating the |
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ground of eligibility is age or disability; and |
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(2) does not specify the election for which a ballot is |
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requested or has been marked by the applicant as an annual |
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application. |
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(b) An application described by Subsection (a) is |
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considered to be an application for a ballot for each election in |
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which the county clerk serves as early voting clerk and: |
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(1) in which the applicant is eligible to vote; and |
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(2) that occurs before the earlier of: |
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(A) except as provided by Subsection (b-1), the |
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end of the calendar year in which the application was submitted; |
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[or] |
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(B) the date the county clerk receives notice |
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from the voter registrar [under Subsection (d)] that the voter has |
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submitted a change in registration information relating to the |
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voter's registration address; or |
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(C) the date the voter's registration is |
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canceled. |
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(b-1) An application submitted under this section must be |
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submitted before the close of regular business in the early voting |
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clerk's office or 12 noon, whichever is later, on the 11th day |
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before election day unless that day is a Saturday, Sunday, or legal |
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state or national holiday, in which case the last day is the first |
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preceding regular business day. |
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(b-2) An application is considered to be submitted in the |
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following calendar year for purposes of this section if: |
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(1) the applicant is eligible to vote in an election |
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occurring in January or February of the next calendar year; and |
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(2) the application is submitted in the last 60 days of |
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a calendar year but not earlier than the 60th day before the date of |
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the January or February election. |
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(e) The early voting clerk shall notify a voter if the voter |
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is found to be no longer eligible for a ballot by mail under this |
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section for a reason described by Subsection (b)(2)(B) or (C). |
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SECTION 7. Not later than January 1, 2016, the secretary of |
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state shall make the modifications to the official application form |
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for a ballot to be voted early by mail, as required by Section |
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84.011(a), Election Code, as modified by this Act. |
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SECTION 8. This Act applies only to an application for a |
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ballot to be voted by mail submitted on or after January 1, 2016. |
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SECTION 9. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |