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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures following the rejection of a ballot |
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voted by mail. |
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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); and |
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(J) a space for the voter to indicate the voter's |
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preferred contact method. |
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SECTION 2. Section 87.027, Election Code, is amended by |
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adding Subsection (i-1) to read as follows: |
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(i-1) A person serving on the signature verification |
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committee may not correct a rejected ballot or return it to the |
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voter. |
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SECTION 3. Section 87.043, Election Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) A person serving on the early voting ballot board may |
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not correct a rejected ballot or return it to the voter. |
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SECTION 4. Section 87.0431, Election Code, is amended by |
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amending Subsection (a) and adding Subsections (a-1), (a-2), and |
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(d) to read as follows: |
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(a) Not later than 24 hours after a ballot is rejected, [the |
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10th day after election day,] the presiding judge of the early |
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voting ballot board shall: |
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(1) notify the voter of the rejection of the voter's |
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ballot using the voter's preferred contact method; and |
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(2) inform the voter that, time permitting, the voter |
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may: |
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(A) request new balloting materials; or |
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(B) vote by personal appearance. |
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(a-1) In addition to the notice provided under Subsection |
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(a), the early voting ballot board shall deliver written notice of |
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the reason for the rejection of a ballot to the voter at the |
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residence address on the ballot application. If the ballot was |
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transmitted to the voter by e-mail under Subchapter C, Chapter 101, |
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the presiding judge shall also provide the notice to the e-mail |
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address to which the ballot was sent. |
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(a-2) The presiding judge of the board shall coordinate with |
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the early voting clerk to provide new balloting materials by mail to |
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a voter who makes a request under Subsection (a)(2)(A), except if |
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the ballot was transmitted to the voter by e-mail under Subchapter |
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C, Chapter 101, the presiding judge shall provide the balloting |
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materials by e-mail. This subsection does not apply if the |
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presiding judge determines that the voter will not have sufficient |
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time to return the new balloting materials before the deadline |
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prescribed by Section 86.007. |
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(d) Subsection (a) applies to an early voting ballot voted |
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by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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SECTION 5. This Act takes effect September 1, 2021. |