88R724 ADM-D
 
  By: Toth H.B. No. 161
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to identification of early voting ballots voted by mail by
  electronic code.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 52, Election Code, is
  amended by adding Section 52.076 to read as follows:
         Sec. 52.076.  IDENTIFYING CODE FOR MAIL-IN BALLOTS. (a) Each
  early voting ballot voted by mail must include a unique code
  readable by an electronic device that may be used to verify the
  authenticity of the ballot.
         (b)  No record associating an individual voter with a code
  assigned to a ballot under this section may be created.
         (c)  The secretary of state by rule shall provide for the
  design and distribution of a unique code system in a manner that, to
  the greatest extent possible, prevents the unauthorized
  reproduction or misuse of mail ballots.
         SECTION 2.  Section 86.001, Election Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  Before the clerk provides a ballot to an applicant, the
  clerk shall identify the unique code included on each ballot with an
  electronic device and make a record indicating that a ballot with
  the unique code was issued.
         SECTION 3.  Section 87.062, Election Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  The early voting ballot board shall identify the
  unique code included on each ballot with an electronic device and
  compare the code on the ballot to the codes recorded by the early
  voting clerk under Section 86.001(h). If the code does not match a
  recorded code, the early voting ballot board may not count the
  ballot. Ballots not counted under this section shall be placed in an
  envelope and treated in the same manner as rejected ballots under
  Section 87.043.
         SECTION 4.  Section 87.103, Election Code, is amended by
  adding Subsection (a-1) to read as follows:
         (a-1)  The unique code included on each ballot must be
  identified by an electronic device and if the code on the ballot
  does not match a code recorded by the early voting clerk under
  Section 86.001(h), the ballot may not be counted. Ballots not
  counted under this section shall be placed in an envelope and
  treated in the same manner as rejected ballots under Section
  87.043.
         SECTION 5.  This Act takes effect September 1, 2023.