88R14129 TSS-D

By: Bucy H.B. No. 4560

A BILL TO BE ENTITLED

AN ACT

relating to ballots voted by mail and the prosecution of the offense of unlawful solicitation and distribution of an application to vote by mail.

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

SECTION 1. Section 84.002(a), Election Code, is amended to read as follows:

(a) An early voting ballot application must include:

(1) the applicant's name and the address at which the applicant is registered to vote;

(1-a) one of the following [information]:

(A) the number of the applicant's driver's license, election identification certificate, or personal identification card issued by the Department of Public Safety;

(B) [if the applicant has not been issued a number described by Paragraph (A),] the last four digits of the applicant's social security number; or

(C) a statement by the applicant that the applicant has not been issued a number described by Paragraph (A) or (B);

(2) for an application for a ballot to be voted by mail on the ground of absence from the county of residence, the address outside the applicant's county of residence to which the ballot is to be mailed;

(3) for an application for a ballot to be voted by mail on the ground of age or disability, the address of the hospital, nursing home or other long-term care facility, or retirement center, or of a person related to the applicant within the second degree by affinity or the third degree by consanguinity, as determined under Chapter 573, Government Code, if the applicant is living at that address and that address is different from the address at which the applicant is registered to vote;

(4) for an application for a ballot to be voted by mail on the ground of confinement in jail, the address of the jail or of a person related to the applicant within the degree of consanguinity described by Subdivision (3);

(5) for an application for a ballot to be voted by mail on any ground, an indication of each election for which the applicant is applying for a ballot;

(6) an indication of the ground of eligibility for early voting; and

(7) for an application for a ballot to be voted by mail on the ground of involuntary civil commitment, the address of the facility operated by or under contract with the Texas Civil Commitment Office or of a person related to the applicant within the degree of consanguinity described by Subdivision (3).

SECTION 2. Section 86.002(g), Election Code, is amended to read as follows:

(g) The carrier envelope must include a space that is hidden from view when the envelope is sealed for the voter to enter any one of the following [information]:

(1) the number of the voter's driver's license, election identification certificate, or personal identification card issued by the Department of Public Safety;

(2) [if the voter has not been issued a number described by Subdivision (1),] the last four digits of the voter's social security number; or

(3) a statement by the applicant that the applicant has not been issued a number described by Subdivision (1) or (2).

SECTION 3. Section 86.008, Election Code, is amended by amending Subsections (a), (b), and (c) and adding Subsections (b-1), (b-2), and (b-3) to read as follows:

(a) If on reviewing an application for a ballot to be voted by mail that was received on or before the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable, [18th day before election day] the early voting clerk determines that the application does not fully comply with the applicable requirements prescribed by this title, including the requirements provided by Section 84.002, the clerk shall deliver the notice required under Subsection (b), either by mail or in person, to the applicant and notify the applicant of the defect by at least one of the following additional methods determined by the clerk to provide sufficient time before the deadline provided by Section 84.007(c) or 86.0015(b-1) for the applicant to correct the defect:

(1) telephonic facsimile machine;

(2) telephone;

(3) e-mail; or

(4) another method reasonably calculated to reach the applicant [otherwise deliver an official application form to the applicant].

(b) The clerk shall include with the notice [application form mailed or] delivered to the applicant [a written notice containing]:

(1) a brief explanation of each defect in the noncomplying application;

(2) a statement informing the voter that the voter is not entitled to vote an early voting ballot unless the application complies with all legal requirements; and

(3) instructions for timely submitting:

(A) a [the] second application; or

(B) a corrective action form developed and made available by the secretary of state under Subsection (b-3).

(b-1) The clerk shall, if possible, permit an applicant to correct a defect under this section using the online tool described by Section 86.015.

(b-2) To be considered timely under Subsection (b)(3), a second application or corrective action form must be submitted to the clerk by the deadline provided for the submission of applications by Section 84.007(c) or 86.0015(b-1), as applicable, either by mail, in person, or using the online tool described by Section 86.015.

(b-3) The secretary of state shall develop and make available on the secretary of state's Internet website a corrective action form that provides information regarding the process of correcting a defect in an application and that may be completed and submitted to a clerk under this section to correct a defect.

(c) If an application that does not fully comply with the applicable requirements prescribed by this title is received after the deadline provided by Section 84.007(c) or 86.0015(b-1), as applicable, [12th day before election day] and before the end of the period for early voting by personal appearance, the clerk shall mail or otherwise deliver a notice to the voter containing the information prescribed by Subdivisions (1) and (2) of Subsection (b), including a statement that the application was late, if applicable.

SECTION 4. Section 86.011, Election Code, is amended by amending Subsection (d) and adding Subsections (e) and (f) to read as follows:

(d) Notwithstanding any other provisions of this code, if the clerk receives a timely carrier envelope that does not fully comply with the applicable requirements prescribed by this title, the clerk shall [may] deliver the carrier envelope, either in person or by mail, and notify the voter of the defect by at least one of the following methods determined by the clerk to provide sufficient time before the sixth day after election day for the voter to correct the defect:

(1) telephonic facsimile machine;

(2) telephone;

(3) e-mail; or

(4) another method reasonably calculated to reach the voter.

(e) The [to the voter and may receive, before the deadline, the corrected carrier envelope from the voter, or the clerk may notify the voter of the defect by telephone and advise the voter that the] voter may [come to the clerk's office in person to correct the defect or] cancel the voter's application to vote by mail and vote on election day or, before the sixth day after election day, deliver a corrected carrier envelope to the clerk by mail or in person.

(f) If the procedures authorized by this subsection are used, they must be applied uniformly to all carrier envelopes covered by this subsection. A poll watcher is entitled to observe the procedures under this subsection. The secretary of state may prescribe any other procedures necessary to implement this subsection including requirements for posting notice of any deliveries.

SECTION 5. Section 86.015(c), Election Code, is amended to read as follows:

(c) An online tool used under this section must:

(1) for each election, record:

(A) each application for a ballot to be voted by mail received by the clerk; and

(B) each carrier envelope sent to a voter by the clerk;

(2) for each carrier envelope, record or assign a serially numbered and sequentially issued barcode or tracking number that is unique to each envelope;

(3) update the applicable Internet website as soon as practicable after each of the following events occurs:

(A) receipt by the early voting clerk of the person's application for a ballot to be voted by mail;

(B) acceptance or rejection by the early voting clerk of the person's application for a ballot to be voted by mail;

(C) placement in the mail by the early voting clerk of the person's official ballot;

(D) receipt by the early voting clerk of the person's marked ballot; and

(E) acceptance or rejection by the early voting ballot board of a person's marked ballot; and

(4) allow a voter to add information to or correct a defect in an application for a ballot to be voted by mail, a carrier envelope, or a ballot to be voted by mail [information required] under Section 86.008, 86.011(d), 87.0271, or 87.0411 [Section 84.002(a)(1-a) or Section 86.002(g)].

SECTION 6. Section 87.022, Election Code, is amended to read as follows:

Sec. 87.022. TIME OF DELIVERY: BALLOT TO BE VOTED BY MAIL [GENERAL RULE]. (a) A jacket envelope containing an early voting ballot voted by mail [Except as provided by Section 87.0221, 87.0222, 87.023, or 87.024, the materials] shall be delivered to the early voting ballot board not earlier than the 30th day before election day and not later than the time the polls are required to close [under this subchapter during the time the polls are open] on election day, or as soon after the polls close as practicable, at the time or times specified by the presiding judge of the board. This subsection applies to the delivery of jacket envelopes containing ballots voted by mail regardless of whether the ballots are to be counted by automatic tabulating equipment.

(b) The early voting clerk shall post at the main early voting polling place and on the clerk's Internet website notice of each delivery of materials under this section that is to be made before the time for opening the polls on election day. The notice shall be posted continuously for at least 24 hours immediately preceding the delivery.

(c) At least 24 hours before each delivery, the early voting clerk shall notify the county chair of each political party having a nominee on the ballot in person or by telephonic facsimile machine, telephone, or e-mail of the time the delivery is to be made.

(d) The early voting clerk shall post at the main early voting polling place and on the clerk's Internet website notice of the dates and times that the board is scheduled to review or count ballots. The notice shall be posted for at least 24 hours immediately preceding the review or count.

SECTION 7. Section 87.0221, Election Code, is amended to read as follows:

Sec. 87.0221. TIME OF DELIVERY: EARLY VOTING [PAPER] BALLOTS VOTED BY PERSONAL APPEARANCE. (a) Early [In an election in which regular paper ballots are used for early] voting ballots voted by personal appearance [or by mail, the materials] may be delivered to the board between the end of the period for early voting by personal appearance and the closing of the polls on election day, or as soon after closing as practicable, at the time or times specified by the presiding judge of the board. This subsection applies to the delivery of ballots voted early by personal appearance regardless of whether the ballots are to be counted by automatic tabulating equipment.

(b) The early voting clerk shall post at the main early voting polling place and on the clerk's Internet website notice of each delivery of materials under this section that is to be made before the time for opening the polls on election day. The notice shall be posted [at the main early voting polling place] continuously for at least 24 hours immediately preceding the delivery.

(c) At least 24 hours before each delivery, the early voting clerk shall notify the county chair of each political party having a nominee on the ballot in person or by telephonic facsimile machine, telephone, or e-mail of the time the delivery is to be made.

(d) The early voting clerk shall post at the main early voting polling place and on the clerk's Internet website notice of the dates and times that the board is scheduled to review or count ballots. The notice shall be posted for at least 24 hours immediately preceding the review or count.

SECTION 8. Section 87.0241(a), Election Code, is amended to read as follows:

(a) The early voting ballot board may determine whether to accept early voting ballots voted by mail in accordance with Section 87.041 at any time after the ballots are delivered to the board under Section 87.022.

SECTION 9. Section 87.0271, Election Code, is amended by amending Subsections (b), (c), (d), and (e) and adding Subsections (b-1) and (c-1) to read as follows:

(b) Not later than the second [business] day after a signature verification committee discovers a defect described by Subsection (a) and before the committee decides whether to accept or reject a timely delivered ballot under Section 87.027, the committee shall:

(1) notify the voter of the defect by at least one of the following methods determined by the committee to provide sufficient time before the sixth day after election day for the voter to correct the defect:

(A) telephonic facsimile machine;

(B) telephone;

(C) e-mail; or

(D) another method reasonably calculated to reach the voter; and

(2) mail the voter a notice of defect and a corrective action form developed and made available by the secretary of state under Subsection (c-1) [determine] if it would be possible for the voter to receive the notice and form and correct the defect [and return the carrier envelope] before the [time the polls are required to close on] sixth day after election day [; and

[(2) return the carrier envelope to the voter by mail, if the committee determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day].

(b-1) The signature verification committee shall include with the notice delivered to the applicant:

(1) a brief explanation of each defect in the noncomplying ballot;

(2) a statement informing the voter that for the voter's vote to be counted the voter must either correct the defect in the ballot or cancel the voter's application to vote by mail and vote in person; and

(3) instructions for:

(A) canceling the voter's application to vote by mail in the manner described by Section 84.032; and

(B) correcting the defect in the voter's ballot by submitting a corrective action form developed and made available by the secretary of state under Subsection (c-1).

(c) The [If the] signature verification committee shall permit a voter to correct a defect [determines under Subsection (b)(1) that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day, the committee may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter's application to vote by mail canceled in the manner described by Section 84.032 or come to the early voting clerk's office in person] not later than the sixth day after election day by:

(1) returning the corrective action form developed and made available by the secretary of state under Subsection (c-1);

(2) using the online tool described by Section 86.015, if possible; or

(3) coming to the early voting clerk's office in person [to correct the defect].

(c-1) The secretary of state shall develop and make available on the secretary of state's Internet website a corrective action form that provides information regarding the process of correcting a defect in a ballot to be voted by mail and that may be completed and submitted to a signature verification committee under this section to correct a defect.

(d) If the signature verification committee takes an action described by Subsection (b) [or (c)], the committee must take the [either] action described by that subsection with respect to each ballot in the election to which this section applies.

(e) A poll watcher is entitled to observe an action taken under Subsection (b) or (c)(3) [(c)].

SECTION 10. Section 87.0411, Election Code, is amended by amending Subsections (b), (c), (d), and (e) and adding Subsections (b-1) and (c-1) to read as follows:

(b) Not later than the second [business] day after an early voting ballot board discovers a defect described by Subsection (a) and before the board decides whether to accept or reject a timely delivered ballot under Section 87.041, the board shall:

(1) notify the voter of the defect by at least one of the following methods determined by the board to provide sufficient time before the sixth day after election day for the voter to correct the defect:

(A) telephonic facsimile machine;

(B) telephone;

(C) e-mail; or

(D) another method reasonably calculated to reach the voter; and

(2) mail the voter a notice of the defect and a corrective action form developed and made available by the secretary of state under Subsection (c-1) [determine] if it would be possible for the voter to receive the notice and form and correct the defect [and return the carrier envelope] before the [time the polls are required to close on] sixth day after election day [; and

[(2) return the carrier envelope to the voter by mail, if the board determines that it would be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day].

(b-1) The early voting ballot board shall include with the notice delivered to the applicant:

(1) a brief explanation of each defect in the noncomplying ballot;

(2) a statement informing the voter that for the voter's vote to be counted the voter must either correct the defect in the ballot or cancel the voter's application to vote by mail and vote in person; and

(3) instructions for:

(A) canceling the voter's application to vote by mail in the manner described by Section 84.032; and

(B) correcting the defect in the voter's ballot by submitting a corrective action form developed and made available by the secretary of state under Subsection (c-1).

(c) The [If the] early voting ballot board shall permit a voter to correct a defect [determines under Subsection (b)(1) that it would not be possible for the voter to correct the defect and return the carrier envelope before the time the polls are required to close on election day, the board may notify the voter of the defect by telephone or e-mail and inform the voter that the voter may request to have the voter's application to vote by mail canceled in the manner described by Section 84.032 or come to the early voting clerk's office in person] not later than the sixth day after election day by:

(1) returning the corrective action form developed and made available by the secretary of state under Subsection (c-1);

(2) using the online tool described by Section 86.015, if possible; or

(3) coming to the early voting clerk's office in person [to correct the defect].

(c-1) The secretary of state shall develop and make available on the secretary of state's Internet website a corrective action form that provides information regarding the process of correcting a defect in a ballot to be voted by mail and that may be completed and submitted to the early voting ballot board under this section to correct a defect.

(d) If the early voting ballot board takes an action described by Subsection (b) [or (c)], the board must take the [either] action described by that subsection with respect to each ballot in the election to which this section applies.

(e) A poll watcher is entitled to observe an action taken under Subsection (b) or (c)(3) [(c)].

SECTION 11. Subchapter E, Chapter 127, Election Code, is amended by adding Section 127.1233 to read as follows:

Sec. 127.1233. PROCESSING OF EARLY VOTING BALLOTS. (a) The central counting station may process early voting ballots in the same manner as the early voting ballot board under Section 87.0241.

(b) The manager of a central counting station shall notify the early voting clerk of the time and place at which the early voting clerk shall deliver the early voting ballots voted by mail and the early voting ballots voted by personal appearance to the central counting station. The notice provided under this subsection may not be provided less than 24 hours before the time of delivery.

(c) The manager of the central counting station shall post notice of the dates and times that the central counting station is scheduled to process early voting ballots. The notice shall:

(1) specify the types of ballots that will be processed;

(2) be posted not less than 24 hours before the scheduled processing;

(3) be posted on a bulletin board maintained by the authority which ordered the election for the purposes of posting notice and to the authority's Internet website; and

(4) if the ballots being processed were voted in a general election for state and county officers, also be sent to the county chairs of each political party having a nominee on the ballot.

(d) The secretary of state may prescribe any procedures necessary to implement this section.

SECTION 12. Section 276.016(e), Election Code, is amended to read as follows:

(e) Subsection (a) does not apply if the public official or election official:

(1) provided general information about voting by mail, the vote by mail process, or the timelines associated with voting to a person or the public; or

(2) engaged in the conduct described by Subsection (a) while:

(A) acting in the official's capacity as a candidate for a public elective office;

(B) assisting a voter in the process of completing an application to vote by mail; or

(C) answering a question regarding the voting process asked by a voter who has requested an application to vote by mail.

SECTION 13. The following provisions of the Election Code are repealed:

(1) Section 87.0222;

(2) Section 87.0223;

(3) Section 87.023; and

(4) Section 87.024.

SECTION 14. The change in law made by this Act applies only to an application for a ballot to be voted by mail submitted on or after the effective date of this Act. An application for a ballot to be voted by mail submitted before the effective date of this Act is governed by the law in effect when the application was submitted, and the former law is continued in effect for that purpose.

SECTION 15. The changes in law made by this Act apply only to an election held on or after the effective date of this Act. An election held before the effective date of this Act is governed by the law in effect when the election was held, and that law is continued in effect for that purpose.

SECTION 16. Section 276.016(e), Election Code, as amended by this Act, applies only to an offense committed on or after the effective date of this Act. An offense committed before the effective date of this Act is governed by the law in effect on the date the offense was committed, and the former law is continued in effect for that purpose. For purposes of this section, an offense was committed before the effective date of this Act if any element of the offense occurred before that date.

SECTION 17. This Act takes effect September 1, 2023.