By: Bohac (Senate Sponsor - Bettencourt) H.B. No. 1595
         (In the Senate - Received from the House May 10, 2017;
  May 10, 2017, read first time and referred to Committee on State
  Affairs; May 19, 2017, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  May 19, 2017, sent to printer.)
Click here to see the committee vote
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1595 By:  Huffman
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to an early voting ballot voted by mail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 84.011, Election Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  In addition to the requirements imposed by Subsection
  (a), the officially prescribed application form for an early voting
  ballot must include a space for the voter to provide a change of
  residence address within the county, if applicable.
         SECTION 2.  Section 84.032(c), Election Code, is amended to
  read as follows:
         (c)  An applicant may submit a request after the close of
  early voting by personal appearance by appearing in person and:
               (1)  returning the ballot to be voted by mail to the
  early voting clerk; or
               (2)  executing an affidavit that the applicant:
                     (A)  has not received the ballot to be voted by
  mail; or
                     (B)  received notice of a defect under Section
  87.0271(b) or 87.0411(b).
         SECTION 3.  Section 86.001, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  If the application includes a change of address within
  the county, the early voting clerk shall notify the voter registrar
  of the change and the registrar shall update the voter's
  registration accordingly.
         SECTION 4.  Section 86.002, Election Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  Notwithstanding Subsection (a), the clerk is not
  required to provide a form for a statement of residence to a voter
  who indicated a change of address within the county on the voter's
  application for an early voting ballot to be voted by mail.
         SECTION 5.  Section 86.004(a), Election Code, is amended to
  read as follows:
         (a)  Except as provided by Subsection (b), the balloting
  materials for voting by mail shall be mailed to a voter entitled to
  vote by mail not later than the seventh calendar day after the later
  of the date the clerk accepts the voter's application for a ballot
  to be voted by mail or the date the ballots become available for
  mailing, except that if that mailing date is earlier than the 45th
  day before election day, the balloting materials shall be mailed
  not later than the 30th [38th] day before election day.
         SECTION 6.  Section 87.027(i), Election Code, is amended to
  read as follows:
         (i)  The signature verification committee shall compare the
  signature on each carrier envelope certificate, except those signed
  for a voter by a witness, with the signature on the voter's ballot
  application to determine whether the signatures are those of the
  same person.  The committee may also compare the signatures with
  any two or more signatures of the voter made within the preceding
  six years and on file with the general custodian of election records
  or voter registrar [the signature on the voter's registration
  application] to confirm that the signatures are those of the same
  person and may [but may not] use the signatures [registration
  application signature] to determine that the signatures are not
  those of the same person.  Except as provided by Subsection (l), a
  determination under this subsection that the signatures are not
  those of the same person must be made by a majority vote of the
  committee's membership.  The committee shall place the jacket
  envelopes, carrier envelopes, and applications of voters whose
  signatures are not those of the same person in separate containers
  from those of voters whose signatures are those of the same
  person.  The committee chair shall deliver the sorted materials to
  the early voting ballot board at the time specified by the board's
  presiding judge.
         SECTION 7.  Subchapter B, Chapter 87, Election Code, is
  amended by adding Section 87.0271 to read as follows:
         Sec. 87.0271.  OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
  VERIFICATION COMMITTEE. (a) This section applies to an early
  voting ballot voted by mail:
               (1)  for which the voter did not sign the carrier
  envelope certificate;
               (2)  for which it cannot immediately be determined
  whether the signature on the carrier envelope certificate is that
  of the voter;
               (3)  missing any required statement of residence; or
               (4)  containing incomplete information with respect to
  a witness.
         (b)  Before deciding whether to accept or reject a timely
  delivered ballot under Section 87.027, the signature verification
  committee may:
               (1)  return the carrier envelope to the voter by mail,
  if the signature verification committee determines that it would be
  possible to correct the defect and return the carrier envelope
  before the time the polls are required to close on election day; or
               (2)  notify the voter of the defect by telephone or
  e-mail and inform the voter that the voter may come to the early
  voting clerk's office in person to:
                     (A)  correct the defect; or
                     (B)  request to have the voter's application to
  vote by mail canceled under Section 84.032.
         (c)  If the signature verification committee takes an action
  described by Subsection (b), the committee must take either action
  described by that subsection with respect to each ballot in the
  election to which this section applies.
         (d)  A poll watcher is entitled to observe an action taken
  under Subsection (b).
         (e)  The secretary of state may prescribe any procedures
  necessary to implement this section.
         SECTION 8.  Section 87.041(e), Election Code, is amended to
  read as follows:
         (e)  In making the determination under Subsection (b)(2),
  the board may also compare the signatures with any two or more
  signatures of the voter made within the preceding six years and on
  file with the general custodian of election records or voter
  registrar to determine if [confirm that] the signatures are those
  of the same person [but may not use the signatures to determine that
  the signatures are not those of the same person].
         SECTION 9.  Subchapter C, Chapter 87, Election Code, is
  amended by adding Section 87.0411 to read as follows:
         Sec. 87.0411.  OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
  BALLOT BOARD. (a) This section applies to an early voting ballot
  voted by mail:
               (1)  for which the voter did not sign the carrier
  envelope certificate;
               (2)  for which it cannot immediately be determined
  whether the signature on the carrier envelope certificate is that
  of the voter;
               (3)  missing any required statement of residence; or
               (4)  containing incomplete information with respect to
  a witness.
         (b)  Before deciding whether to accept or reject a timely
  delivered ballot under Section 87.041, the early voting ballot
  board may:
               (1)  return the carrier envelope to the voter by mail,
  if the early voting ballot board determines that it would be
  possible to correct the defect and return the carrier envelope
  before the time the polls are required to close on election day; or
               (2)  notify the voter of the defect by telephone or
  e-mail and inform the voter that the voter may come to the early
  voting clerk's office in person to:
                     (A)  correct the defect; or
                     (B)  request to have the voter's application to
  vote by mail canceled under Section 84.032.
         (c)  If the early voting ballot board takes an action
  described by Subsection (b), the board must take either action
  described by that subsection with respect to each ballot in the
  election to which this section applies.
         (d)  A poll watcher is entitled to observe an action taken
  under Subsection (b).
         (e)  The secretary of state may prescribe any procedures
  necessary to implement this section.
         SECTION 10.  This Act takes effect September 1, 2017.
 
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