87R19929 MLH-F
 
  By: Noble, Swanson H.B. No. 4369
 
  Substitute the following for H.B. No. 4369:
 
  By:  Swanson C.S.H.B. No. 4369
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to ballots voted by mail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 87.021, Election Code, is amended to
  read as follows:
         Sec. 87.021.  BALLOTS AND OTHER MATERIALS DELIVERED TO
  BOARD. The early voting clerk shall deliver to the early voting
  ballot board:
               (1)  in an election in which regular paper ballots are
  used for early voting by personal appearance, each ballot box, in
  accordance with Section 85.032(b), containing the early voting
  ballots voted by personal appearance and the clerk's key to each
  box;
               (2)  the jacket envelopes containing the early voting
  ballots voted by mail, regardless of the ballot type or voting
  system used;
               (3)  the poll lists prepared in connection with early
  voting by personal appearance;
               (4)  the list of registered voters used in conducting
  early voting; [and]
               (5)  a ballot transmittal form that includes a
  statement of the number of early voting ballots voted by mail,
  regardless of the ballot type or voting system used, that are
  delivered to the early voting ballot board, and in an election in
  which regular paper ballots are used for early voting by personal
  appearance, the number of names appearing on the poll lists
  prepared in connection with early voting by personal appearance;
               (6)  copies of the applications for ballots to be voted
  by mail for each ballot voted by mail received; and
               (7)  copies of the voter's signature from the voter's
  application for voter registration.
         SECTION 2.  Subchapter C, Chapter 87, Election Code, is
  amended by adding Section 87.0405 to read as follows:
         Sec. 87.0405.  REVIEW OF APPLICATION FOR BALLOT TO BE VOTED
  BY MAIL. Before reviewing a carrier envelope certificate, the
  early voting ballot board shall review each application for a
  ballot to be voted by mail that correlates with the carrier envelope
  to determine if the signature on the ballot application was
  executed by a person other than the voter, unless the application
  was signed by a witness. The early voting clerk shall make available
  for review signatures for each applicant for a ballot to be voted by
  mail from the previous six years.
         SECTION 3.  Section 87.126, Election Code, is amended to
  read as follows:
         Sec. 87.126.  ELECTRONIC RECORDING OF CERTAIN [BALLOT]
  MATERIALS USED IN EARLY VOTING BY MAIL [AND APPLICATIONS]. (a) The
  early voting clerk may electronically record applications for a
  ballot to be voted by mail, jacket envelopes, the front and back of
  carrier envelopes, and ballots.
         (b)  The early voting clerk shall have software available to
  display all electronically available signatures together. The
  software must be made available for the first election following an
  update of the software the early voting clerk uses under this
  section that occurs after September 1, 2021.
         (c)  The secretary of state may adopt rules providing
  requirements for the electronic image quality and storage of the
  electronic images of the documents described by this section
  [Subsection (a)].
         SECTION 4.  This Act takes effect September 1, 2021.