88R13608 PRL-F

By: Hayes H.B. No. 4393

A BILL TO BE ENTITLED

AN ACT

relating to the practices and procedures related to early voting by mail.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 86, Election Code, is amended by adding Section 86.016 to read as follows:

Sec. 86.016. USE OF ELECTRONIC DEVICE TO RECORD MAIL BALLOT ACTION. (a) The secretary of state shall provide each early voting clerk with an electronic device used to time-stamp:

(1) the application for a ballot to be voted by mail when it is received by the early voting clerk;

(2) the application for a ballot to be voted by mail when it is accepted by the early voting clerk;

(3) the official ballot envelope when the early voting clerk places the balloting materials in the mail;

(4) the carrier envelope when the early voting clerk receives the carrier envelope; and

(5) the official ballot envelope when the early voting clerk removes the accepted ballot from the official ballot envelope.

(b) If a person voting a ballot by mail fails to return the official ballot envelope with an accepted ballot, the early voting clerk shall satisfy the requirements of Subsection (a)(5) by using the electronic device to time-stamp a blank sheet of paper marked "Accepted" in bold print.

(c) After the early voting clerk ensures that the requirements of Subsections (a)(1)-(5) are satisfied, the clerk shall place the stamped official ballot envelope or stamped sheet, as applicable, in the carrier envelope.

(d) Each stamped official ballot envelope or stamped sheet, as applicable, and carrier envelope shall be stored with the other precinct election records and preserved after the election in the same manner as the corresponding precinct election returns.

(e) The early voting clerk shall ensure that any blank application or official ballot envelope that is time-stamped but not used on that day is permanently destroyed.

(f) The electronic device used to time-stamp election materials under this section must:

(1) be capable of producing an accurate time stamp that corresponds to the date and time of the action being recorded; and

(2) have security measures to prevent tampering or changes by any person except the vendor of the electronic device.

(g) Use of the time stamp is not required for recording the correction of defects under this subtitle.

(h) The information contained in Subsection (a) is not public information for purposes of Chapter 552, Government Code, until after election day.

(i) The secretary of state shall provide one electronic device required under this section to each county. Any additional electronic devices required under this section must be purchased from an approved vendor list provided by the secretary of state and paid with funds from the county elections office budget.

(j) The secretary of state shall adopt rules and prescribe procedures necessary to implement this section.

SECTION 2. This Act takes effect September 1, 2023.