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A BILL TO BE ENTITLED
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AN ACT
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relating to an early voting ballot voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.011, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) In addition to the requirements imposed by Subsection |
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(a), the officially prescribed application form for an early voting |
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ballot must include a space for the voter to provide a change of |
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residence address within the county, if applicable. |
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SECTION 2. Section 84.032(c), Election Code, is amended to |
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read as follows: |
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(c) An applicant may submit a request after the close of |
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early voting by personal appearance by appearing in person and: |
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(1) returning the ballot to be voted by mail to the |
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early voting clerk; or |
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(2) executing an affidavit that the applicant: |
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(A) has not received the ballot to be voted by |
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mail; or |
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(B) received notice of a defect under Section |
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87.0271(b) or 87.0411(b). |
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SECTION 3. Section 86.001, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) If the application includes a change of address within |
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the county, the early voting clerk shall notify the voter registrar |
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of the change and the registrar shall update the voter's |
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registration accordingly. |
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SECTION 4. Section 86.002, Election Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Notwithstanding Subsection (a), the clerk is not |
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required to provide a form for a statement of residence to a voter |
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who indicated a change of address within the county on the voter's |
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application for an early voting ballot to be voted by mail. |
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SECTION 5. Section 86.004(a), Election Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), the balloting |
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materials for voting by mail shall be mailed to a voter entitled to |
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vote by mail not later than the seventh calendar day after the later |
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of the date the clerk accepts the voter's application for a ballot |
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to be voted by mail or the date the ballots become available for |
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mailing, except that if that mailing date is earlier than the 45th |
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day before election day, the balloting materials shall be mailed |
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not later than the 30th [38th] day before election day. |
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SECTION 6. Section 87.027(i), Election Code, is amended to |
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read as follows: |
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(i) The signature verification committee shall compare the |
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signature on each carrier envelope certificate, except those signed |
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for a voter by a witness, with the signature on the voter's ballot |
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application to determine whether the signatures are those of the |
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same person. The committee may also compare the signatures with |
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any two or more signatures of the voter made within the preceding |
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six years and on file with the general custodian of election records |
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or voter registrar [the signature on the voter's registration
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application] to confirm that the signatures are those of the same |
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person and may [but may not] use the signatures [registration
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application signature] to determine that the signatures are not |
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those of the same person. Except as provided by Subsection (l), a |
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determination under this subsection that the signatures are not |
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those of the same person must be made by a majority vote of the |
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committee's membership. The committee shall place the jacket |
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envelopes, carrier envelopes, and applications of voters whose |
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signatures are not those of the same person in separate containers |
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from those of voters whose signatures are those of the same |
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person. The committee chair shall deliver the sorted materials to |
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the early voting ballot board at the time specified by the board's |
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presiding judge. |
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SECTION 7. Subchapter B, Chapter 87, Election Code, is |
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amended by adding Section 87.0271 to read as follows: |
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Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE |
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VERIFICATION COMMITTEE. (a) This section applies to an early |
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voting ballot voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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(b) Before deciding whether to accept or reject a timely |
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delivered ballot under Section 87.027, the signature verification |
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committee may: |
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(1) return the carrier envelope to the voter by mail, |
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if the signature verification committee determines that it would be |
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possible to correct the defect and return the carrier envelope |
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before the time the polls are required to close on election day; or |
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(2) notify the voter of the defect by telephone or |
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e-mail and inform the voter that the voter may come to the early |
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voting clerk's office in person to: |
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(A) correct the defect; or |
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(B) request to have the voter's application to |
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vote by mail canceled under Section 84.032. |
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(c) If the signature verification committee takes an action |
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described by Subsection (b), the committee must take either action |
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described by that subsection with respect to each ballot in the |
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election to which this section applies. |
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(d) A poll watcher is entitled to observe an action taken |
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under Subsection (b). |
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(e) The secretary of state may prescribe any procedures |
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necessary to implement this section. |
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SECTION 8. Section 87.041(e), Election Code, is amended to |
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read as follows: |
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(e) In making the determination under Subsection (b)(2), |
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the board may also compare the signatures with any two or more |
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signatures of the voter made within the preceding six years and on |
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file with the general custodian of election records or voter |
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registrar to determine if [confirm that] the signatures are those |
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of the same person [but may not use the signatures to determine that
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the signatures are not those of the same person]. |
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SECTION 9. Subchapter C, Chapter 87, Election Code, is |
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amended by adding Section 87.0411 to read as follows: |
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Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING |
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BALLOT BOARD. (a) This section applies to an early voting ballot |
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voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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(b) Before deciding whether to accept or reject a timely |
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delivered ballot under Section 87.041, the early voting ballot |
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board may: |
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(1) return the carrier envelope to the voter by mail, |
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if the early voting ballot board determines that it would be |
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possible to correct the defect and return the carrier envelope |
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before the time the polls are required to close on election day; or |
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(2) notify the voter of the defect by telephone or |
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e-mail and inform the voter that the voter may come to the early |
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voting clerk's office in person to: |
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(A) correct the defect; or |
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(B) request to have the voter's application to |
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vote by mail canceled under Section 84.032. |
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(c) If the early voting ballot board takes an action |
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described by Subsection (b), the board must take either action |
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described by that subsection with respect to each ballot in the |
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election to which this section applies. |
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(d) A poll watcher is entitled to observe an action taken |
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under Subsection (b). |
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(e) The secretary of state may prescribe any procedures |
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necessary to implement this section. |
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SECTION 10. This Act takes effect September 1, 2017. |
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