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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. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 81, Election Code, is amended by adding |
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Section 81.006 to read as follows: |
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Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A |
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person eligible for early voting by mail under Section 82.002 or |
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Section 101.001 as a person described by Section 101.001(2)(A) may |
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cast a ballot using an accessible absentee mail system, |
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notwithstanding any other provision of this title. |
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(b) An accessible absentee mail system must be an electronic |
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system, including software, used for the sole purpose of enabling |
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any voter, including a voter who has a disability, to mark the |
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voter's ballot and print and submit the ballot in the manner |
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required by law for a ballot marked by the voter. |
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(c) The secretary of state shall adopt rules and prescribe |
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procedures for the implementation of this section. |
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SECTION 2. Subtitle B, Title 7, Election Code, is amended by |
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adding Chapter 101A to read as follows: |
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CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING |
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MATERIALS TO DISABLED VOTERS |
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Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING |
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MATERIALS. (a) A person eligible to vote under Section 82.002 may |
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request from the appropriate early voting clerk e-mail transmission |
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of balloting materials under this chapter. |
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(b) The early voting clerk shall grant a request made under |
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this section for the e-mail transmission of balloting materials if: |
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(1) the requestor has submitted a valid application |
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for a ballot to be voted by mail on the ground of disability; |
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(2) the requestor provides an e-mail address with the |
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request; |
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(3) the request is submitted on or before the seventh |
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day before the date of the election; and |
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(4) a marked ballot for the election from the |
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requestor has not been received by the early voting clerk. |
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Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An |
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e-mail address used under this chapter to request balloting |
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materials is confidential and does not constitute public |
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information for purposes of Chapter 552, Government Code. An early |
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voting clerk shall ensure that a voter's e-mail address provided |
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under this chapter is excluded from public disclosure. |
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Sec. 101A.003. ELECTIONS COVERED. Balloting materials may |
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be sent by e-mail under this chapter for any election in which the |
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voter who registers under this chapter is eligible to vote. |
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Sec. 101A.004. BALLOTING MATERIALS TO BE SENT BY E-MAIL. |
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Balloting materials to be sent by e-mail under this chapter |
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include: |
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(1) the appropriate ballot; |
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(2) ballot instructions, including instructions that |
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inform a voter that the ballot must be returned by mail to be |
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counted; |
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(3) instructions prescribed by the secretary of state |
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on how to create a carrier envelope or signature sheet for the |
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ballot; and |
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(4) a list of certified write-in candidates, if |
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applicable. |
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Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The |
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balloting materials may be provided by e-mail to the voter in PDF |
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format, through a scanned format, or by any other method of |
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electronic transmission authorized by the secretary of state in |
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writing. |
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(b) The secretary of state shall prescribe procedures for |
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the retransmission of balloting materials following an |
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unsuccessful transmission of the materials to a voter. |
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Sec. 101A.006. RETURN OF BALLOT. (a) A voter who receives |
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a ballot under this chapter must return the ballot in the same |
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manner as required under Section 101.057 except that a voter who |
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completes a signature sheet is not required to complete a carrier |
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envelope. Except as provided by Chapter 105, the voter may not |
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return the ballot by electronic transmission. |
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(b) A ballot that is not returned as required by Subsection |
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(a) is considered a ballot not timely returned and is not sent to |
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the early voting ballot board for processing. |
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(c) The deadline for the return of a ballot under this |
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section is the same deadline as provided in Section 86.007. |
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Sec. 101A.007. RULES. The secretary of state may adopt |
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rules as necessary to implement this chapter. |
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SECTION 3. 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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101A or Subchapter C, Chapter 101, the clerk may not deliver a |
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jacket envelope containing the early voting ballot voted by mail by |
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the 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 4. 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 101A 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 5. 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 6. This Act takes effect September 1, 2023. |