86R9111 SRS-D

By: Dean H.B. No. 1819

A BILL TO BE ENTITLED

AN ACT

relating to including the qualifications for voting early by mail on the ground of disability on certain early voting by mail materials.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 52.005, Election Code, is amended to read as follows:

Sec. 52.005. BALLOT CONTENT DETERMINED ACCORDING TO PRECINCT. Except as provided by Section 52.009, the [The] ballot for an election precinct may contain only those offices and propositions stating measures on which the qualified voters of the precinct are entitled to vote.

SECTION 2. Subchapter A, Chapter 52, Election Code, is amended by adding Section 52.009 to read as follows:

Sec. 52.009. BALLOT FOR VOTING BY MAIL. A ballot to be voted by mail under Chapter 86 must include a statement describing the specific circumstances under which a voter may vote early by mail on the ground of disability as provided by Section 82.002.

SECTION 3. Section 84.011(a), Election Code, is amended to read as follows:

(a) The officially prescribed application form for an early voting ballot must include:

(1) immediately preceding the signature space the statement: "I certify that the information given in this application is true, and I understand that giving false information in this application is a crime.";

(2) a statement informing the applicant of the offenses prescribed by Sections 84.003 and 84.004;

(3) spaces for entering an applicant's voter registration number and county election precinct of registration, with a statement informing the applicant that failure to furnish that information does not invalidate the application; and

(4) on an application for a ballot to be voted by mail:

(A) a space for an applicant applying on the ground of absence from the county of residence to indicate the date on or after which the applicant can receive mail at the address outside the county;

(B) a space for indicating the fact that an applicant whose application is signed by a witness cannot make the applicant's mark and a space for indicating the relationship or lack of relationship of the witness to the applicant;

(C) a space for entering an applicant's telephone number, with a statement informing the applicant that failure to furnish that information does not invalidate the application;

(D) a space or box for an applicant applying on the ground of age or disability to indicate that the address to which the ballot is to be mailed is the address of a facility or relative described by Section 84.002(a)(3), if applicable;

(E) a space or box for an applicant applying on the ground of confinement in jail to indicate that the address to which the ballot is to be mailed is the address of a relative described by Section 84.002(a)(4), if applicable;

(F) a space for an applicant applying on the ground of age or disability to indicate if the application is an application under Section 86.0015;

(G) spaces for entering the signature, printed name, and residence address of any person assisting the applicant;

(H) a statement informing the applicant of the condition prescribed by Section 81.005; [and]

(I) a statement informing the applicant of the requirement prescribed by Section 86.003(c); and

(J) a statement describing the specific circumstances under which a voter may vote early by mail on the ground of disability as provided by Section 82.002.

SECTION 4. Section 86.013(d), Election Code, is amended to read as follows:

(d) The following textual material, as prescribed by the secretary of state, must be printed on the reverse side of the official carrier envelope or on a separate sheet accompanying the carrier envelope when it is provided:

(1) the prohibition prescribed by Section 86.006(b);

(2) the conditions for delivery by common or contract carrier prescribed by Sections 81.005 and 86.006;

(3) the requirements for the legal execution and delivery of the carrier envelope, including the prohibition on compensation for depositing carrier envelopes containing ballots voted by other persons under Section 86.0052;

(4) the prohibition prescribed by Section 86.006(e); [and]

(5) the offenses prescribed by Sections 86.006(f) and 86.010(f); and

(6) a statement describing the specific circumstances under which a voter may vote early by mail on the ground of disability as provided by Section 82.002.

SECTION 5. This Act takes effect September 1, 2019.