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A BILL TO BE ENTITLED
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AN ACT
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relating to identification requirements for early voting by mail; |
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providing a penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.002, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (c) and (d) to read |
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as follows: |
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(a) An early voting ballot application must include: |
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(1) the applicant's name and the address at which the |
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applicant is registered to vote; |
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(1-a) a photograph or copy of: |
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(A) one form of photo identification listed in |
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Section 63.0101(a); or |
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(B) one form of identification listed in Section |
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63.0101(b) accompanied by a declaration of reasonable impediment as |
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described in Section 63.001(i); |
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(2) for an application for a ballot to be voted by mail |
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on the ground of absence from the county of residence, the address |
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outside the applicant's county of residence to which the ballot is |
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to be mailed; |
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(3) for an application for a ballot to be voted by mail |
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on the ground of age or disability, the address of the hospital, |
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nursing home or other long-term care facility, or retirement |
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center, or of a person related to the applicant within the second |
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degree by affinity or the third degree by consanguinity, as |
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determined under Chapter 573, Government Code, if the applicant is |
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living at that address and that address is different from the |
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address at which the applicant is registered to vote; |
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(4) for an application for a ballot to be voted by mail |
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on the ground of confinement in jail, the address of the jail or of a |
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person related to the applicant within the degree described by |
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Subdivision (3); |
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(5) for an application for a ballot to be voted by mail |
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on any ground, an indication of each election for which the |
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applicant is applying for a ballot; and |
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(6) an indication of the ground of eligibility for |
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early voting. |
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(c) A person is subject to prosecution for perjury under |
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Chapter 37, Penal Code, or Section 63.0013 for a false statement or |
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false information on a document executed under this section. |
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(d) Section 63.0101(c) applies to documentation provided |
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under this section. |
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SECTION 2. 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, with a statement informing the applicant that failure to |
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furnish that information does not invalidate the 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); and |
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(J) a statement informing the applicant of the |
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requirement that the applicant include a photograph or copy of |
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identification described by Section 84.002(a)(1-a); and |
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(5) any forms that may be required to meet the |
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identification requirements of Section 84.002. |
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SECTION 3. Section 86.001, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) If the application does not include a photograph or copy |
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of one form of photo identification listed in Section 63.0101(a) or |
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one form of identification listed in Section 63.0101(b) accompanied |
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by a declaration of reasonable impediment, the clerk shall reject |
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the application. |
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SECTION 4. Section 86.002(c), Election Code, is amended to |
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read as follows: |
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(c) The clerk shall enter on a carrier envelope the voter's |
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name in printed form, a notation that a statement of residence is |
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enclosed, if applicable, a statement that the voter must include a |
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photograph or copy of the voter's identification under Section |
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86.005(c)(4), and any other information the clerk determines |
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necessary for proper processing of the ballot. |
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SECTION 5. Section 86.003, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The ballot materials provided under this section must |
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include any forms that may be required to meet the identification |
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requirements of Section 86.005(c)(4). |
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SECTION 6. Section 86.005(c), Election Code, is amended to |
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read as follows: |
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(c) After marking the ballot, the voter must: |
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(1) place the ballot [it] in the official ballot |
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envelope; |
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(2) [and then] seal the ballot envelope; |
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(3) [,] place the ballot envelope in the official |
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carrier envelope; |
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(4) place in the carrier envelope a photograph or copy |
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of: |
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(A) one form of photo identification listed in |
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Section 63.0101(a); or |
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(B) one form of identification listed in Section |
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63.0101(b) accompanied by a declaration of reasonable impediment as |
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described in Section 63.001(i); |
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(5) [and then] seal the carrier envelope; [,] and |
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(6) sign the certificate on the carrier envelope. |
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SECTION 7. The changes in law made by this Act apply only to |
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an application to vote an early voting ballot by mail submitted on |
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or after the effective date of this Act. An application to vote an |
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early voting ballot by mail submitted before the effective date of |
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this Act is governed by the law in effect when the application was |
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submitted, and the former law is continued in effect for that |
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purpose. |
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SECTION 8. This Act takes effect September 1, 2021. |