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A BILL TO BE ENTITLED
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AN ACT
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relating to the verification of an application or ballot voted by |
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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 box for the applicant to indicate |
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whether the applicant consents to receive text messages relating to |
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the application, and a statement informing the applicant that |
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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. Section 86.001, Election Code, is amended by |
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adding Subsections (f) and (f-1) to read as follows: |
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(f) The early voting clerk, before rejecting an |
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application, shall within 24 hours of receiving a defective |
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application contact the applicant using any e-mail address or |
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telephone number provided on the application to notify the |
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applicant of the defect. The applicant may make clerical |
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corrections to the application by e-mail, telephone, or text |
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message, including correcting the applicant's date of birth, |
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correcting the spelling of the applicant's name, or providing |
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additional information to make corrections to an address or county |
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of residence. If an applicant has submitted an address that is not |
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an acceptable mailing address, the applicant may submit to the |
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early voting clerk a mailing address by e-mail. If the early voting |
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clerk does not receive a response before the fourth day after the |
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date the clerk contacted the applicant, the clerk may reject the |
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application. 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, telephone, or text message under this subsection. |
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(f-1) 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, telephone, or text |
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message. |
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SECTION 3. 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 FOR BALLOT VOTED BY MAIL. |
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(a) The secretary of state shall develop and maintain an electronic |
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system that allows a voter, through a link on the Internet website |
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of the early voting clerk, to access the database created under |
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Section 87.064 to monitor the status of the voter's ballot voted by |
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mail. |
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(b) The system developed under Subsection (a) must require |
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the voter to provide, before permitting the voter to access |
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information described by that subsection: |
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(1) the voter's name and registration address; and |
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(2) the voter's: |
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(A) driver's license number; |
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(B) personal identification card number issued |
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by the Department of Public Safety; or |
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(C) date of birth. |
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(c) The system developed under Subsection (a) must update |
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information accessible from the database created under Section |
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87.064 as soon as practicable but not later than 11 a.m. the day |
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after each of the following events occurs: |
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(1) receipt by the early voting clerk of the person's |
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marked ballot; and |
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(2) acceptance or rejection by the early voting ballot |
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board of a person's marked ballot, including any reason for |
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rejection. |
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(d) The information contained in Subsection (c) is public |
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information for the purposes of Chapter 552, Government Code. |
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SECTION 4. Subchapter B, Chapter 87, Election Code, is |
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amended by adding Section 87.0271 to read as follows: |
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Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE |
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VERIFICATION COMMITTEE. (a) This section applies to an early |
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voting ballot voted 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; or |
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(3) containing incomplete information with respect to |
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a witness. |
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(b) Before deciding whether to accept or reject a ballot |
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under Section 87.027, the signature verification committee shall |
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immediately contact the voter or witness, as appropriate, to advise |
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the voter or witness of the defect and include detailed |
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instructions regarding how to correct the defect in person at the |
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early voting clerk's office. |
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(c) Subsection (b) does not apply if the signature |
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verification committee determines that it would be impossible to |
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correct the defect before the fourth day after election day. |
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(d) The secretary of state may adopt rules to implement this |
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section. |
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SECTION 5. Subchapter C, Chapter 87, Election Code, is |
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amended by adding Section 87.0411 to read as follows: |
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Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING |
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BALLOT BOARD. (a) This section applies to an early voting ballot |
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voted 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; or |
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(3) containing incomplete information with respect to |
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a witness. |
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(b) Before deciding whether to accept or reject a ballot |
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under Section 87.041, the early voting ballot board shall |
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immediately contact the voter or witness, as appropriate, to advise |
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the voter or witness of the defect and include detailed |
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instructions regarding how to correct the defect in person at the |
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early voting clerk's office. |
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(c) Subsection (b) does not apply if the early voting ballot |
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board determines that it would be impossible to correct the defect |
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before the fourth day after election day. |
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(d) The secretary of state may adopt rules to implement this |
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section. |
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SECTION 6. Subchapter D, Chapter 87, Election Code, is |
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amended by adding Section 87.064 to read as follows: |
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Sec. 87.064. DAILY STATUS REPORT ON EARLY VOTING BALLOTS BY |
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MAIL. (a) Each day that early voting by personal appearance is |
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conducted, the early voting ballot board shall compile a list of |
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voters who voted early by mail and deliver it to the secretary of |
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state. The information contained on the list is public information |
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for the purposes of Chapter 552, Government Code. The list shall |
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contain for each person to whom a ballot to be voted by mail was |
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provided: |
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(1) the voter's name and registration number; |
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(2) whether the voter's early voting ballot by mail was |
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received; |
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(3) to the extent applicable to the election, whether |
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the signature verification committee has determined the signatures |
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are not those of the voter; |
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(4) whether the early voting ballot by mail has been |
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accepted or rejected by the early voting board; and |
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(5) if rejected, the reason for the rejection. |
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(b) The secretary of state shall, on a daily basis, compile |
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the data received under Subsection (a) into a downloadable database |
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format and post the data on the secretary's public Internet |
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website. |
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SECTION 7. The changes in law made by Section 3 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 8. This Act takes effect September 1, 2021. |