86R8595 GRM-F
 
  By: Calanni H.B. No. 3200
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the submission by telephonic facsimile machine or
  electronic transmission of an application for a ballot to be voted
  by mail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 84.007(b-1) and (d), Election Code, are
  amended to read as follows:
         (b-1)  For an application for ballot by mail submitted by
  telephonic facsimile machine or electronic transmission to be
  effective, the application also must be submitted by mail and be
  received by the early voting clerk not later than the deadline for
  ballots to be returned under Section 86.007. This subsection may
  not be construed to delay the time for providing a ballot to a voter
  under Section 86.004 [fourth business day after the transmission by
  telephonic facsimile machine or electronic transmission is
  received].
         (d)  An application, including an application submitted by
  telephonic facsimile machine or electronic transmission, is
  considered to be submitted at the time of its receipt by the clerk.
         SECTION 2.  Section 84.014, Election Code, is amended to
  read as follows:
         Sec. 84.014.  ACTION BY EARLY VOTING CLERK ON CERTAIN
  APPLICATIONS. (a) If an applicant provides a date of birth,
  driver's license number, or social security number on the
  applicant's application for an early voting ballot to be voted by
  mail that is different from or in addition to the information
  maintained by the voter registrar in accordance with Title 2, the
  early voting clerk shall notify the voter registrar. The voter
  registrar shall update the voter's record with the information
  provided by the applicant.
         (b)  For an application submitted by telephonic facsimile
  machine or electronic transmission, the early voting clerk shall
  immediately respond in the format in which the application was
  submitted to:
               (1)  confirm receipt of the transmission of the
  application; and
               (2)  issue a statement that the applicant is required
  to submit the application by mail or common or contract carrier to
  the address of the early voting clerk by the deadline for returning
  a marked ballot under Section 86.007.
         SECTION 3.  Section 86.001(a), Election Code, is amended to
  read as follows:
         (a)  The early voting clerk shall review each application for
  a ballot to be voted by mail, including an application submitted by
  telephonic facsimile machine or electronic transmission.
         SECTION 4.  Section 87.041(b), Election Code, is amended to
  read as follows:
         (b)  A ballot may be accepted only if:
               (1)  the carrier envelope certificate is properly
  executed;
               (2)  neither the voter's signature on the ballot
  application nor the signature on the carrier envelope certificate
  is determined to have been executed by a person other than the
  voter, unless signed by a witness;
               (3)  the voter's ballot application states a legal
  ground for early voting by mail;
               (4)  the voter is registered to vote, if registration
  is required by law;
               (5)  the address to which the ballot was mailed to the
  voter, as indicated by the application, was outside the voter's
  county of residence, if the ground for early voting is absence from
  the county of residence;
               (6)  for a voter to whom a statement of residence form
  was required to be sent under Section 86.002(a), the statement of
  residence is returned in the carrier envelope and indicates that
  the voter satisfies the residence requirements prescribed by
  Section 63.0011; [and]
               (7)  the address to which the ballot was mailed to the
  voter is an address that is otherwise required by Sections 84.002
  and 86.003; and
               (8)  for a voter who submitted an application for a
  ballot to be voted by mail by telephonic facsimile machine or
  electronic transmission, the application is effective under
  Section 84.007(b-1).
         SECTION 5.  The change in law made by this Act applies only
  to an application for a ballot to be voted by mail submitted on or
  after the effective date of this Act. An application for a ballot
  to be voted by mail submitted before the effective date of this Act
  is governed by the law in effect when the application was submitted,
  and the former law is continued in effect for that purpose.
         SECTION 6.  This Act takes effect September 1, 2019.