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A BILL TO BE ENTITLED
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AN ACT
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relating to the availability of certain information regarding early |
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voting. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 86, Election Code, is amended by adding |
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Section 86.015 to read as follows: |
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Sec. 86.015. ELECTRONIC TRACKING OF APPLICATION FOR BALLOT |
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VOTED BY MAIL OR BALLOT VOTED BY MAIL. (a) The secretary of state |
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shall develop or otherwise provide an online tool to each early |
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voting clerk that enables a person who submits an application for a |
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ballot to be voted by mail to track the location and status of the |
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person's application and ballot on the secretary's Internet website |
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and on the county's Internet website if the early voting clerk is |
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the county clerk of a county that maintains an Internet website. |
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(b) The online tool developed or provided under Subsection |
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(a) must require the voter to provide, before permitting the voter |
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to access information described by that subsection: |
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(1) the voter's name and registration address and the |
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last four digits of the voter's social security number; and |
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(2) the voter's: |
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(A) driver's license number; or |
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(B) personal identification card number issued |
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by the Department of Public Safety. |
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(c) An online tool used under this section must update the |
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applicable Internet website as soon as practicable after each of |
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the following events occurs: |
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(1) receipt by the early voting clerk of the person's |
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application for a ballot to be voted by mail; |
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(2) acceptance or rejection by the early voting clerk |
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of the person's application for a ballot to be voted by mail; |
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(3) placement in the mail by the early voting clerk of |
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the person's official ballot; |
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(4) receipt by the early voting clerk of the person's |
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marked ballot; and |
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(5) acceptance or rejection by the early voting ballot |
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board of a person's marked ballot. |
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(d) The secretary of state shall adopt rules and prescribe |
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procedures as necessary to implement this section. |
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(e) The information contained in Subsection (c) is not |
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public information for purposes of Chapter 552, Government Code, |
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until after election day. |
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SECTION 2. Section 87.121, Election Code, as amended by |
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Chapters 1083 (H.B. 1850) and 1215 (S.B. 902), Acts of the 86th |
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Legislature, Regular Session, 2019, is reenacted and amended to |
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read as follows: |
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Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting |
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clerk shall maintain for each election a roster listing each person |
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who votes an early voting ballot by personal appearance and a roster |
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listing each person to whom an early voting ballot to be voted by |
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mail is sent. |
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(b) For each person listed, the applicable roster must |
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include: |
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(1) the person's name, address, and voter registration |
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number; |
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(2) an identification of the person's county election |
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precinct of registration; and |
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(3) the date of voting or the date the ballot was |
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mailed to the person, as applicable. |
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(c) Each roster shall be updated daily. |
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(d) Each roster may be maintained in any form approved by |
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the secretary of state. |
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(e) The clerk shall preserve each roster after the election |
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for the period for preserving the precinct election records. |
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(f) Information on the roster for a person to whom an early |
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voting mail ballot has been sent is not available for public |
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inspection, except to the voter seeking to verify that the |
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information pertaining to the voter is accurate, until the first |
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business day after election day. |
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(g) Information on the roster for a person who votes an |
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early voting ballot by personal appearance shall be made available |
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for public inspection as provided by Subsection (i) not later than |
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11 a.m. on the day after the date the information is entered on the |
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roster under Subsection (c). |
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(h) Information on the roster for a person who votes an |
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early voting ballot by mail shall be made available for public |
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inspection as provided by Subsection (i) not later than 11 a.m. on |
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the day following the day the early voting clerk receives any [a] |
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ballot voted by mail. |
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(i) The information under Subsections (g) and (h) must be |
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made available: |
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(1) for an election in which the county clerk is the |
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early voting clerk: |
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(A) on the publicly accessible Internet website |
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of the county; or |
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(B) if the county does not maintain a website, on |
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the bulletin board used for posting notice of meetings of the |
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commissioners court; or |
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(2) for an election not described by Subdivision (1): |
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(A) on the publicly accessible Internet website |
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of the authority ordering the election; or |
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(B) if the authority ordering the election does |
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not maintain a website, on the bulletin board used for posting |
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notice of meetings of the governing body of the authority. |
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(j) [(i)] The early voting clerk for a primary election or |
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the general election for state and county officers shall submit to |
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the secretary of state for posting on the secretary of state's |
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Internet website the information described by: |
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(1) Subsection (g) not later than 11 a.m. on the day |
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after the date the information is entered on the roster under |
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Subsection (c); and |
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(2) Subsection (h) not later than 11 a.m. on the day |
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following the day the early voting clerk receives any [a] ballot |
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voted by mail. |
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(k) The early voting clerk for a primary election or the |
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general election for state and county officers shall submit to the |
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secretary of state for posting on the secretary of state's Internet |
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website the election day information described by Subsections (g) |
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and (h) not later than 11 a.m. on the day after the election. |
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(l) The early voting clerk for a primary election or the |
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general election for state and county officers shall submit to the |
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secretary of state for posting on the secretary of state's Internet |
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website the final rosters containing information described by |
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Subsections (g) and (h) not later than the 20th day after the date |
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of the local canvass. |
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(m) [(j)] The secretary of state shall [make any early |
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voting roster created under this section available to the public on |
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the secretary's Internet website. |
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[(j) The secretary of state shall] post the information |
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described by Subsection (j) [(i)] on the secretary of state's |
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Internet website in a downloadable format not later than 11 a.m. on |
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the day following the day of receipt of the information. |
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(n) [(k)] The secretary of state shall create a system for |
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an early voting clerk for a primary election or the general election |
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for state and county officers to provide the information to the |
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secretary of state for posting on the secretary of state's Internet |
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website under Subsection (j) [(i)]. |
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SECTION 3. To the extent of any conflict, this Act prevails |
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over another Act of the 87th Legislature, Regular Session, 2021, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 4. The changes in law made by Section 1 of this Act |
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apply beginning with an application for a ballot to be voted by mail |
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for an election held on or after January 1, 2022. |
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SECTION 5. This Act takes effect September 1, 2021. |