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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures relating to the acceptance or rejection of a |
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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. 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; or |
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(2) for which it cannot be determined whether the |
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signature on the carrier envelope certificate is that of the voter. |
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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 shall: |
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(1) return the carrier envelope to the voter by mail, |
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if the voter did not sign the carrier envelope certificate and the |
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signature verification committee determines that it would be |
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possible to sign and return the carrier envelope before the fifth |
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day after 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 before the fifth day after election |
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day to: |
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(A) sign the carrier envelope certificate; or |
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(B) affirm that the ballot was submitted by the |
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voter. |
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(c) A voter may not correct a defect under this section |
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later than the fifth day after election day. |
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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 2. 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; or |
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(2) for which it cannot be determined whether the |
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signature on the carrier envelope certificate is that of the voter. |
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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 shall: |
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(1) return the carrier envelope to the voter by mail, |
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if the voter did not sign the carrier envelope certificate and the |
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early voting ballot board determines that it would be possible to |
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sign and return the carrier envelope before the fifth day after |
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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 before the fifth day after election |
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day to: |
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(A) sign the carrier envelope certificate; or |
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(B) affirm that the ballot was submitted by the |
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voter. |
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(c) A voter may not correct a defect under this section |
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later than the fifth day after election day. |
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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 3. Subchapter C, Chapter 87, Election Code, is |
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amended by adding Section 87.045 to read as follows: |
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Sec. 87.045. REJECTED BALLOT INFORMATION LIST. (a) The |
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early voting ballot board for each election shall create a list of |
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the voters whose ballots have been rejected. The list must include: |
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(1) the voter's name; |
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(2) the voter's address, unless the voter's residence |
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address is confidential under Section 13.004(c); |
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(3) the voter's unique identifier assigned under |
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Section 18.061; and |
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(4) the reason the voter's ballot was rejected. |
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(b) The list created under Subsection (a) is a public record |
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and shall be made available for public inspection. |
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SECTION 4. This Act takes effect September 1, 2019. |