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A BILL TO BE ENTITLED
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AN ACT
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relating to the submission by telephonic facsimile machine or |
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electronic transmission of an application for a ballot to be voted |
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by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 84.007(b-1) and (d), Election Code, are |
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amended to read as follows: |
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(b-1) For an application for ballot by mail submitted by |
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telephonic facsimile machine or electronic transmission to be |
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effective, the application also must be submitted by mail and be |
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received by the early voting clerk not later than the deadline for |
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ballots to be returned under Section 86.007. This subsection may |
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not be construed to delay the time for providing a ballot to a voter |
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under Section 86.004 [fourth business day after the transmission by
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telephonic facsimile machine or electronic transmission is
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received]. |
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(d) An application, including an application submitted by |
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telephonic facsimile machine or electronic transmission, is |
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considered to be submitted at the time of its receipt by the clerk. |
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SECTION 2. Section 84.014, Election Code, is amended to |
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read as follows: |
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Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN |
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APPLICATIONS. (a) If an applicant provides a date of birth, |
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driver's license number, or social security number on the |
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applicant's application for an early voting ballot to be voted by |
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mail that is different from or in addition to the information |
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maintained by the voter registrar in accordance with Title 2, the |
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early voting clerk shall notify the voter registrar. The voter |
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registrar shall update the voter's record with the information |
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provided by the applicant. |
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(b) For an application submitted by telephonic facsimile |
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machine or electronic transmission, the early voting clerk shall |
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immediately respond in the format in which the application was |
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submitted to: |
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(1) confirm receipt of the transmission of the |
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application; and |
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(2) issue a statement that the applicant is required |
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to submit the application by mail or common or contract carrier to |
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the address of the early voting clerk by the deadline for returning |
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a marked ballot under Section 86.007. |
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SECTION 3. Section 86.001(a), Election Code, is amended to |
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read as follows: |
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(a) The early voting clerk shall review each application for |
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a ballot to be voted by mail, including an application submitted by |
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telephonic facsimile machine or electronic transmission. |
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SECTION 4. Section 87.041(b), Election Code, is amended to |
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read as follows: |
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(b) A ballot may be accepted only if: |
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(1) the carrier envelope certificate is properly |
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executed; |
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(2) neither the voter's signature on the ballot |
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application nor the signature on the carrier envelope certificate |
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is determined to have been executed by a person other than the |
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voter, unless signed by a witness; |
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(3) the voter's ballot application states a legal |
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ground for early voting by mail; |
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(4) the voter is registered to vote, if registration |
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is required by law; |
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(5) the address to which the ballot was mailed to the |
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voter, as indicated by the application, was outside the voter's |
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county of residence, if the ground for early voting is absence from |
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the county of residence; |
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(6) for a voter to whom a statement of residence form |
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was required to be sent under Section 86.002(a), the statement of |
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residence is returned in the carrier envelope and indicates that |
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the voter satisfies the residence requirements prescribed by |
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Section 63.0011; [and] |
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(7) the address to which the ballot was mailed to the |
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voter is an address that is otherwise required by Sections 84.002 |
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and 86.003; and |
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(8) for a voter who submitted an application for a |
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ballot to be voted by mail by telephonic facsimile machine or |
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electronic transmission, the application is effective under |
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Section 84.007(b-1). |
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SECTION 5. The change in law made by this Act applies only |
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to an application for a ballot to be voted by mail submitted on or |
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after the effective date of this Act. An application for a ballot |
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to be voted by mail submitted before the effective date of this Act |
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is governed by the law in effect when the application was submitted, |
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and the former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2019. |