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A BILL TO BE ENTITLED
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AN ACT
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relating to ballots voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 84, Election Code, is |
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amended by adding Section 84.0105 to read as follows: |
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Sec. 84.0105. PRESERVATION OF SIGNATURE. For a period of at |
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least six years, the general custodian of election records shall |
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preserve an image of the voter's signature on the carrier envelope |
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and early voting ballot application. |
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SECTION 2. Section 87.021, Election Code, is amended to |
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read as follows: |
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Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO |
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BOARD. The early voting clerk shall deliver to the early voting |
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ballot board: |
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(1) in an election in which regular paper ballots are |
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used for early voting by personal appearance, each ballot box, in |
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accordance with Section 85.032(b), containing the early voting |
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ballots voted by personal appearance and the clerk's key to each |
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box; |
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(2) the jacket envelopes containing the early voting |
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ballots voted by mail, regardless of the ballot type or voting |
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system used; |
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(3) the poll lists prepared in connection with early |
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voting by personal appearance; |
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(4) the list of registered voters used in conducting |
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early voting; [and] |
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(5) a ballot transmittal form that includes a |
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statement of the number of early voting ballots voted by mail, |
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regardless of the ballot type or voting system used, that are |
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delivered to the early voting ballot board, and in an election in |
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which regular paper ballots are used for early voting by personal |
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appearance, the number of names appearing on the poll lists |
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prepared in connection with early voting by personal appearance; |
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(6) copies of the applications for ballots to be voted |
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by mail for each ballot voted by mail received; and |
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(7) copies of the voter's signature in the possession |
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of the county clerk or voter registrar from at least the previous |
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six years. |
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SECTION 3. Sections 87.027(h) and (i), Election Code, are |
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amended to read as follows: |
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(h) If a signature verification committee is appointed for |
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the election, the early voting clerk shall deliver the jacket |
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envelopes containing the early voting ballots voted by mail, the |
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copies of the applications for ballots to be voted by mail, and the |
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copies of the voter's signature in the possession of the county |
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clerk or voter registrar from at least the previous six years to the |
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committee instead of to the early voting ballot board. Deliveries |
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may be made only during the period of the committee's operation at |
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times scheduled in advance of delivery by the early voting clerk. |
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The clerk shall post notice of the time of each delivery. The |
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notice must remain posted continuously for at least two days before |
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the date of the delivery. |
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(i) The signature verification committee shall compare the |
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signature on each carrier envelope certificate, except those signed |
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for a voter by a witness, with the signature on the voter's ballot |
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application to determine whether the signatures are those of the |
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voter. The committee shall [may] also compare the signatures with |
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any known signature of the voter on file with the county clerk or |
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voter registrar to determine whether the signatures are those of |
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the voter. Except as provided by Subsection (l), a determination |
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under this subsection that the signatures are not those of the voter |
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must be made by a majority vote of the committee's membership. The |
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committee shall place the jacket envelopes, carrier envelopes, and |
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applications of voters whose signatures are not those of the voter |
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in separate containers from those of voters whose signatures are |
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those of the voter. The committee chair shall deliver the sorted |
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materials to the early voting ballot board at the time specified by |
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the board's presiding judge. |
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SECTION 4. Section 87.041, Election Code, is amended by |
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adding Subsection (b-1) and amending Subsection (e) to read as |
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follows: |
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(b-1) If a signature verification committee is not |
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appointed under Section 87.027, the board must make a determination |
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as to whether the signatures are those of the voter under Subsection |
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(b)(2). |
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(e) In making the determination under Subsection (b)(2), to |
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determine whether the signatures are those of the voter, the board |
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shall: |
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(1) compare the signature on each carrier envelope, |
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except those signed for a voter by a witness, with the signature on |
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the voter's ballot application to determine whether the signatures |
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are those of the voter; and |
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(2) [may also] compare the signatures with any known |
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signature of the voter on file with the county clerk or voter |
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registrar. |
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SECTION 5. The heading to Section 87.126, Election Code, is |
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amended to read as follows: |
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Sec. 87.126. ELECTRONIC RECORDING OF CERTAIN [BALLOT] |
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MATERIALS USED IN EARLY VOTING BY MAIL [AND APPLICATIONS]. |
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SECTION 6. Section 87.126, Election Code, is amended by |
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adding Subsection (a-2) and amending Subsection (b) to read as |
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follows: |
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(a-2) The early voting clerk shall have software available |
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to display all electronically available signatures together. The |
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software must be made available for the first election following an |
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update of the software the early voting clerk uses under this |
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section that occurs after September 1, 2023. |
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(b) The secretary of state may adopt rules providing |
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requirements for the electronic image quality and storage of the |
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electronic images of the documents described by this section |
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[Subsection (a)]. |
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SECTION 7. Section 87.041(d-1), Election Code, is repealed. |
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SECTION 8. This Act takes effect September 1, 2023. |