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A BILL TO BE ENTITLED
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AN ACT
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relating to early voting by mail by any qualified voter and to the |
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repeal of certain criminal offenses concerning the solicitation and |
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distribution of an application to vote by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002(e), Election Code, is amended to |
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read as follows: |
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(e) Notwithstanding Section 82.005, a [A] person who is |
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certified for participation in the address confidentiality program |
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administered by the attorney general under Subchapter B, Chapter |
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58, Code of Criminal Procedure, is not eligible for early voting by |
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mail [under Section 82.007] unless the person submits an |
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application under this section by personal delivery. The secretary |
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of state may adopt rules to implement this subsection. |
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SECTION 2. Section 82.005, Election Code, is amended to |
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read as follows: |
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Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL |
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APPEARANCE]. Any qualified voter is eligible for early voting by |
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mail or personal appearance. |
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SECTION 3. Section 82.007, Election Code, is amended to |
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read as follows: |
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Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY |
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PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter |
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who, [is eligible for early voting by mail if: |
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[(1) the voter submitted a registration application by |
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personal delivery as required by Section 13.002(e); and |
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[(2)] at the time the voter's early voting ballot |
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application is submitted, [the voter] is certified for |
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participation in the address confidentiality program administered |
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by the attorney general under Subchapter B, Chapter 58, Code of |
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Criminal Procedure, is eligible for early voting by mail only if the |
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voter submitted a registration application by personal delivery as |
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required by Section 13.002(e). |
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SECTION 4. Section 84.001(a), Election Code, is amended to |
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read as follows: |
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(a) To be entitled to vote an early voting ballot by mail, a |
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person [who is eligible for early voting] must make an application |
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for an early voting ballot to be voted by mail as provided by this |
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title. |
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SECTION 5. Section 84.002(a), Election Code, is amended to |
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read 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) the following information: |
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(A) the number of the applicant's driver's |
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license, election identification certificate, or personal |
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identification card issued by the Department of Public Safety; |
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(B) if the applicant has not been issued a number |
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described by Paragraph (A), the last four digits of the applicant's |
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social security number; or |
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(C) a statement by the applicant that the |
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applicant has not been issued a number described by Paragraph (A) or |
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(B); |
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(2) for an application for a ballot to be voted by mail |
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by an applicant who will be absent from the applicant's [on the |
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ground of absence from the] county of residence on election day, the |
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address outside the applicant's county of residence to which the |
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ballot is to be mailed; |
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(3) for an application for a ballot to be voted by mail |
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by an applicant who is 65 years of age or older on election day or |
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has a sickness or physical condition that requires the applicant to |
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reside in a hospital or nursing home or other long-term care |
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facility, or with a relative [on the ground of age or disability], |
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the address of the hospital, nursing home or other long-term care |
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facility, or retirement center, or of a person related to the |
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applicant within the second degree by affinity or the third degree |
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by consanguinity, as determined under Chapter 573, Government Code, |
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if the applicant is living at that address and that address is |
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different from the address at which the applicant is registered to |
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vote; |
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(4) for an application for a ballot to be voted by mail |
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by an applicant who is confined [on the ground of confinement] in |
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jail as described by Section 84.009(a), the address of the jail or |
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of a 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 |
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mail 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; and |
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[(7)] for an application for a ballot to be voted by |
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mail by an applicant who is civilly committed as a sexually violent |
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predator under Chapter 841, Health and Safety Code, and is ordered |
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as a condition of civil commitment to reside in a facility operated |
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by or under contract with the Texas Civil Commitment Office [on the |
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ground of involuntary civil commitment], the address of the |
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facility operated by or under contract with the Texas Civil |
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Commitment Office or of a person related to the applicant within the |
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degree of consanguinity described by Subdivision (3). |
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SECTION 6. Section 84.009, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (b) to read as |
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follows: |
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(a) This section applies only to an applicant who, at the |
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time the application for a ballot to be voted by mail is submitted, |
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is confined in jail: |
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(1) serving a misdemeanor sentence for a term that |
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ends on or after election day; |
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(2) pending trial after denial of bail; |
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(3) without bail pending an appeal of a felony |
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conviction; or |
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(4) pending trial or appeal on a bailable offense for |
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which release on bail before election day is unlikely. |
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(b) On request of the applicant, an application for a ballot |
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to be voted by mail [on the ground of confinement in jail] may be |
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submitted to the early voting clerk, at the discretion of the |
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authority in charge of the jail, by personal delivery by the jail |
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authority or by a designated subordinate of the authority. |
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SECTION 7. 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; |
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(3-a) a space for entering the information required |
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under Section 84.002(a)(1-a); 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 whether |
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the applicant will be absent from the applicant's county of |
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residence on election day and, if applicable, the date on or after |
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which the applicant can receive mail at the address outside the |
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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 who is 65 |
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years of age or older on election day or has a sickness or physical |
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condition that requires the applicant to reside in a hospital or |
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nursing home or other long-term care facility, or with a relative, |
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[applying on the ground of age or disability] to indicate that the |
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address to which the ballot is to be mailed is the address of a |
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facility or relative described by Section 84.002(a)(3), if |
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applicable; |
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(E) a space or box for an applicant who is |
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confined [applying on the ground of confinement] in jail as |
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described by Section 84.009(a) or who is civilly committed as a |
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sexually violent predator under Chapter 841, Health and Safety |
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Code, and ordered as a condition of civil commitment to reside in a |
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facility operated by or under contract with the Texas Civil |
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Commitment Office, [involuntary civil commitment] to indicate that |
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the address to which the ballot is to be mailed is the address of a |
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relative described by Section 84.002(a)(4) or (6) [(7)], if |
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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 8. Sections 86.001(b) and (c), Election Code, are |
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amended to read as follows: |
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(b) If the application complies with the applicable |
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requirements prescribed by this title [applicant is entitled to |
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vote an early voting ballot by mail], the clerk shall provide an |
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official ballot to the applicant as provided by this chapter. |
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(c) Except as provided by Section 86.008, if the applicant |
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is not entitled to vote in the election [by mail], the clerk shall |
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reject the application, enter on the application "rejected" and the |
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reason for and date of rejection, and deliver written notice of the |
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reason for the rejection to the applicant at both the residence |
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address and mailing address on the application. A ballot may not be |
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provided to an applicant whose application is rejected. |
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SECTION 9. Section 86.0015(a), Election Code, is amended to |
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read as follows: |
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(a) This section applies only to an application for a ballot |
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to be voted by mail that[: |
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[(1) indicates the ground of eligibility is age or |
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disability; and |
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[(2)] does not specify the election for which a ballot |
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is requested or has been marked by the applicant as an application |
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for more than one election. |
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SECTION 10. Section 86.003(c), Election Code, is amended to |
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read as follows: |
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(c) The address to which the balloting materials must be |
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addressed is the address at which the voter is registered to vote, |
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or the registered mailing address if different, unless the |
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application to vote early by mail indicates that the voter [ground |
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for voting by mail is]: |
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(1) will be absent from the voter's [absence from the] |
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county of residence on election day, in which case the address must |
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be an address outside the voter's county of residence; |
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(2) is confined [confinement] in jail as described by |
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Section 84.009(a), in which case the address must be the address of |
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the jail or of a relative described by Section 84.002(a)(4); |
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(3) is 65 years of age or older on election day or has a |
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sickness or physical condition that requires the applicant to |
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reside in a hospital or nursing home or other long-term care |
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facility, or with a relative, [age or disability] and [the voter] is |
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living at a hospital, nursing home or other long-term care |
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facility, or retirement center, or with a relative described by |
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Section 84.002(a)(3), in which case the address must be the address |
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of that facility or relative; or |
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(4) is civilly committed as a sexually violent |
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predator under Chapter 841, Health and Safety Code, and ordered as a |
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condition of civil commitment to reside in a facility operated by or |
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under contract with the Texas Civil Commitment Office [involuntary |
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civil commitment], in which case the address must be the address of |
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the facility or of a relative described by Section 84.002(a)(6) |
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[84.002(a)(7)]. |
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SECTION 11. Section 86.004(b), Election Code, is amended to |
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read as follows: |
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(b) For an election to which Section 101.104 applies, the |
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balloting materials for a voter who indicates on the application |
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for a ballot to be voted by mail or the federal postcard application |
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that the voter seeks [is eligible] to vote early by mail as a |
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consequence of the voter's being outside the United States shall be |
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mailed on or before the later of the 45th day before election day or |
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the seventh calendar day after the date the clerk receives the |
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application. However, if it is not possible to mail the ballots by |
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the deadline of the 45th day before election day, the clerk shall |
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notify the secretary of state within 24 hours of knowing that the |
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deadline will not be met. The secretary of state shall monitor the |
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situation and advise the clerk, who shall mail the ballots as soon |
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as possible in accordance with the secretary of state's guidelines. |
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SECTION 12. Section 87.041(b), Election Code, is amended to |
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read as follows: |
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(b) A ballot may be accepted only if: |
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(1) the carrier envelope certificate is properly |
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executed; |
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(2) neither the voter's signature on the ballot |
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application nor the signature on the carrier envelope certificate |
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is determined to have been executed by a person other than the |
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voter, unless signed by a witness; |
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(3) [the voter's ballot application states a legal |
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ground for early voting by mail; |
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[(4)] the voter is registered to vote, if registration |
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is required by law; |
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(4) [(5) the address to which the ballot was mailed |
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to the voter, as indicated by the application, was outside the |
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voter's county of residence, if the ground for early voting is |
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absence from the county of residence; |
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[(6)] for a voter to whom a statement of residence form |
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was required to be sent under Section 86.002(a), the statement of |
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residence is returned in the carrier envelope and indicates that |
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the voter satisfies the residence requirements prescribed by |
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Section 63.0011; |
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(5) [(7)] the address to which the ballot was mailed |
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to the voter is an address [that is otherwise] required by Sections |
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84.002 and 86.003; and |
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(6) [(8)] the information required under Section |
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86.002(g) provided by the voter identifies the same voter |
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identified on the voter's application for voter registration under |
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Section 13.002(c)(8). |
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SECTION 13. Section 102.001(a), Election Code, is amended |
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to read as follows: |
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(a) A qualified voter is eligible to vote a late ballot as |
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provided by this chapter if the voter has a sickness or physical |
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condition [described by Section 82.002] that prevents the voter |
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from appearing at the polling place on election day without a |
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likelihood of needing personal assistance or of injuring the |
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voter's health and originates on or after the day before the last |
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day for submitting an application for a ballot to be voted by mail. |
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SECTION 14. The following provisions of the Election Code |
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are repealed: |
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(1) Section 82.001; |
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(2) Section 82.002; |
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(3) Section 82.003; |
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(4) Section 82.004; |
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(5) Section 82.008; |
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(6) Sections 84.002(b) and (c); |
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(7) Section 84.0111; |
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(8) Section 112.002(b); |
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(9) Section 276.016; and |
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(10) Section 276.017. |
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SECTION 15. The changes in law made by this Act apply only |
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to an election ordered on or after September 1, 2023. |
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SECTION 16. This Act takes effect September 1, 2023. |