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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of voters with certain disabilities to cast |
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a secret ballot. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 7, Election Code, is amended by |
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adding Chapter 107 to read as follows: |
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CHAPTER 107. ACCESSIBLE VOTING SYSTEMS FOR VOTERS WITH CERTAIN |
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DISABILITIES |
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Sec. 107.001. APPLICABILITY. This chapter applies only to |
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a person who: |
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(1) is eligible to vote by mail under Section |
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82.002(a)(1); and |
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(2) would be eligible to receive assistance at a |
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polling place under Section 64.031(1). |
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Sec. 107.002. ONLINE ASSISTIVE TOOL. (a) The secretary of |
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state shall develop an online tool that allows a voter described by |
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Section 107.001 to complete an application for a ballot to be voted |
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by mail or mark a ballot online with the use of assistive |
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technology. |
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(b) The online tool developed under this section must allow |
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a voter described by Section 107.001 to complete an application for |
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a ballot to be voted by mail or mark a ballot without personal |
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assistance. |
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(c) A person to whom this chapter applies may: |
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(1) print an application completed under Subsection |
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(a) and submit the voter's application for a ballot to be voted by |
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mail in the same manner as provided by Section 84.007; |
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(2) request e-mail transmission of balloting |
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materials under this chapter from the appropriate early voting |
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clerk; and |
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(3) print marked balloting materials transmitted |
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under Subdivision (2) and submit the voter's balloting materials in |
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the same manner as provided by Section 101.102. |
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Sec. 107.003. RULES. The secretary of state may adopt rules |
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as necessary to implement this chapter. |
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SECTION 2. Section 87.0223(a), Election Code, is amended to |
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read as follows: |
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(a) If the early voting clerk has provided a voter a ballot |
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to be voted by mail by both regular mail and e-mail under Chapter |
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107 or Subchapter C, Chapter 101, the clerk may not deliver a jacket |
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envelope containing the early voting ballot voted by mail by the |
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voter to the board until: |
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(1) both ballots are returned; or |
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(2) the deadline for returning marked ballots under |
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Section 86.007 has passed. |
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SECTION 3. Section 87.0431(a), Election Code, is amended to |
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read as follows: |
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(a) Not later than the 10th day after election day, the |
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presiding judge of the early voting ballot board shall deliver |
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written notice of the reason for the rejection of a ballot to the |
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voter at the residence address on the ballot application. If the |
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ballot was transmitted to the voter by e-mail under Chapter 107 or |
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Subchapter C, Chapter 101, the presiding judge shall also provide |
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the notice to the e-mail address to which the ballot was sent. |
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SECTION 4. The changes in law made by this Act apply only to |
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an election ordered on or after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |