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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of an applicant's e-mail address on a vote by |
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mail application. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.011(a), Election Code, is amended to |
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read as follows: |
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(a) The officially prescribed application form for an early |
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voting ballot must include: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(2) a statement informing the applicant of the |
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offenses prescribed by Sections 84.003 and 84.004; |
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(3) spaces for entering an applicant's voter |
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registration number and county election precinct of registration, |
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with a statement informing the applicant that failure to furnish |
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that information does not invalidate the application; and |
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(4) on an application for a ballot to be voted by mail: |
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(A) a space for an applicant applying on the |
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ground of absence from the county of residence to indicate the date |
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on or after which the applicant can receive mail at the address |
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outside the county; |
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(B) a space for indicating the fact that an |
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applicant whose application is signed by a witness cannot make the |
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applicant's mark and a space for indicating the relationship or |
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lack of relationship of the witness to the applicant; |
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(C) a space for entering an applicant's telephone |
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number and e-mail address, with a statement informing the applicant |
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that failure to furnish that information does not invalidate the |
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application; |
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(D) a space or box for an applicant applying on |
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the ground of age or disability to indicate that the address to |
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which the ballot is to be mailed is the address of a facility or |
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relative described by Section 84.002(a)(3), if applicable; |
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(E) a space or box for an applicant applying on |
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the ground of confinement in jail to indicate that the address to |
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which the ballot is to be mailed is the address of a relative |
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described by Section 84.002(a)(4), if applicable; |
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(F) a space for an applicant applying on the |
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ground of age or disability to indicate if the application is an |
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application under Section 86.0015; |
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(G) spaces for entering the signature, printed |
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name, and residence address of any person assisting the applicant; |
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(H) a statement informing the applicant of the |
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condition prescribed by Section 81.005; and |
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(I) a statement informing the applicant of the |
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requirement prescribed by Section 86.003(c). |
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SECTION 2. Subchapter A, Chapter 84, Election Code, is |
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amended by adding Section 84.015 to read as follows: |
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Sec. 84.015. CONFIDENTIALITY AND USE OF E-MAIL ADDRESS. |
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(a) An e-mail address provided under this subchapter for the |
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purpose of applying for an early voting ballot is confidential and |
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does not constitute public information for purposes of Chapter 552, |
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Government Code. The early voting clerk shall ensure that a voter's |
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e-mail address provided under this subchapter is excluded from |
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public disclosure. |
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(b) The early voting clerk may only use an e-mail address |
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provided under this subchapter for the purposes of Section 86.001. |
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SECTION 3. Section 86.001, Election Code, is amended by |
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amending Subsection (c) and adding Subsections (f), (f-1), (f-2), |
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and (f-3) to read as follows: |
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(c) Except as provided by Section 86.008, if the applicant |
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is not entitled to vote by mail, the clerk shall reject the |
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application, enter on the application "rejected" and the reason for |
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and date of rejection, [and] deliver written notice of the reason |
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for the rejection to the applicant at both the residence address and |
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mailing address on the application, and, if applicable, provide |
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notice of the reason for the rejection to the applicant at an e-mail |
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address provided on the application. A ballot may not be provided |
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to an applicant whose application is rejected. |
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(f) If an applicant provides an e-mail address on the |
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application, the early voting clerk may reject the application on |
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the basis of an error that may be corrected by e-mail under |
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Subsection (f-1), only if the clerk: |
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(1) makes a reasonable effort to contact the applicant |
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by e-mail at an e-mail address provided on the application; and |
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(2) does not receive a response before the seventh day |
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after the date the clerk sent the e-mail or receives a response that |
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does not correct the error. |
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(f-1) If an applicant provides an e-mail address on the |
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application, the applicant by e-mail may: |
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(1) make clerical corrections to the application, |
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including correcting the applicant's date of birth, correcting |
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spelling of the applicant's name, or providing additional |
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information to make corrections to an address or county of |
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residence; or |
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(2) submit to the early voting clerk a mailing |
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address, if the applicant has submitted an address that is not an |
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acceptable mailing address. |
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(f-2) An applicant may not change the address or county of |
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residence submitted on the original application to a different |
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address or county of residence by e-mail. |
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(f-3) The early voting clerk shall attach to and maintain |
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with the original application submissions and corrections provided |
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by e-mail under Subsection (f-1). |
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SECTION 4. Section 86.008, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The clerk is not required to mail or otherwise deliver |
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an official application or notice under Subsection (a) or (c) if an |
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applicant corrects the application by e-mail under Section |
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86.001(f-1). |
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SECTION 5. This Act takes effect September 1, 2021. |