| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
Relating to the ability of a volunteer deputy registrar to |
|
|
distribute and receive applications for a ballot to be voted by |
|
|
mail. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 13.038, Election Code, is amended to |
|
|
read as follows: |
|
|
Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy |
|
|
registrar may distribute voter registration application forms |
|
|
throughout the county and receive registration applications |
|
|
submitted to the deputy in person. |
|
|
(b) A volunteer deputy registrar may distribute application |
|
|
forms for a ballot to be voted by mail throughout the county and |
|
|
receive applications for a ballot to be voted by mail submitted to |
|
|
the deputy in person as provided by Subchapter C, Chapter 84. |
|
|
SECTION 2. Section 84.007(b), Election Code, is amended to |
|
|
read as follows: |
|
|
(b) An application must be submitted to the early voting |
|
|
clerk by: |
|
|
(1) mail; |
|
|
(2) common or contract carrier; |
|
|
(2-a) a volunteer deputy registrar, subsequent to a |
|
|
delivery made to the volunteer deputy registrar under Subchapter C; |
|
|
(3) subject to Subsection (b-1), telephonic facsimile |
|
|
machine, if a machine is available in the clerk's officer; or |
|
|
(4) subject to Subsection (b-1), electronic |
|
|
transmission of a scanned application containing an original |
|
|
signature. |
|
|
SECTION 3. Chapter 84, Election Code, is amended by adding |
|
|
Subchapter C to read as follows: |
|
|
SUBCHAPTER C. VOLUNTEER DEPUTY REGISTRARS |
|
|
Sec. 84.051. APPLICATION FORMS FURNISHED BY VOLUNTEER |
|
|
DEPUTY REGISTRAR. (a) A volunteer deputy registrar may maintain a |
|
|
supply of official application forms for a ballot to be voted by |
|
|
mail and shall furnish the forms to voters throughout the county in |
|
|
a manner consistent with law. |
|
|
(b) A voter may submit an application for a ballot to be |
|
|
voted by mail by delivering the application to a volunteer deputy |
|
|
registrar. |
|
|
(c) To the extent practicable, the procedure under this |
|
|
section for distributing applications for a ballot to be vote by |
|
|
mail and delivering applications shall be the same as the procedure |
|
|
for delivering a registration application under Subchapter B, |
|
|
Chapter 13. |
|
|
Sec. 84.052. DELIVERY OF APPLICATION TO EARLY VOTING CLERK. |
|
|
(a) A volunteer deputy registrar shall deliver in person, or by |
|
|
personal delivery through another designated volunteer deputy, to |
|
|
the early voting clerk each completed application for a ballot to be |
|
|
voted by mail submitted to the deputy, as provided by this section. |
|
|
The secretary of state shall prescribe any procedures necessary to |
|
|
ensure the proper and timely delivery of completed applications |
|
|
that are not delivered in person by the volunteer deputy who |
|
|
receives them. |
|
|
(b) Except as provided by Subsection (c), an application |
|
|
shall be delivered to the early voting clerk not later than 5 p.m. |
|
|
of the fifth day after the date the application is submitted to the |
|
|
volunteer deputy registrar. |
|
|
(c) An application submitted after the 15th day before the |
|
|
date of an election and on or before the last day for a person to |
|
|
timely submit an application for a ballot to be voted by mail for |
|
|
that election as provided by Section 84.007 shall be delivered to |
|
|
the early voting clerk not later than 5 p.m. of the next regular |
|
|
business day after the date to timely submit an application for a |
|
|
ballot to be voted by mail for that election as provided by Section |
|
|
13.143. |
|
|
Sec. 84.053. FAILURE TO DELIVER APPLICATION. (a) A |
|
|
volunteer deputy registrar commits an offense if the deputy fails |
|
|
to comply with Section 84.052. |
|
|
(b) Except as provided by Subsection (c), an offense under |
|
|
this section is a Class C misdemeanor. |
|
|
(c) An offense under this section is a Class A misdemeanor |
|
|
if the deputy's failure to comply is intentional. |
|
|
SECTION 4. This Act takes effect September 1, 2023. |