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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. Section 66.026, Election Code, is amended to |
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read as follows: |
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Sec. 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4 |
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must contain: |
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(1) the original of the ballot register; |
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(2) the register of spoiled ballots; |
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(3) any spoiled ballots; |
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(4) any ballot to be voted by mail returned at the |
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polling place; |
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(5) [(4)] any defectively printed ballots; |
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(6) [(5)] any envelope containing cancellation |
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requests and canceled ballots; and |
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(7) [(6)] any other unused ballots. |
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SECTION 2. Section 84.032, Election Code, is amended by |
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adding Subsection (d-1) to read as follows: |
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(d-1) An election officer shall maintain a register of |
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ballots to be voted by mail returned at a polling place under |
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Subsection (d). An election officer shall enter on the register the |
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name of each voter who returns a ballot to be voted by mail and the |
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ballot's number. The secretary of state shall adopt a form to be |
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used for this purpose. |
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SECTION 3. Section 84.036, Election Code, is amended to |
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read as follows: |
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Sec. 84.036. DISPOSITION OF RETURNED BALLOT. (a) If an |
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early voting ballot sent to an applicant whose application is |
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canceled is returned to the early voting clerk as a marked ballot, |
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the ballot shall be treated as a marked ballot not timely returned. |
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(b) After making the appropriate entry on a register |
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maintained under Section 84.032(d-1), an election officer shall |
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deposit a ballot to be voted by mail returned at a polling place |
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under Section 84.032(d) in ballot box no. 4. |
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SECTION 4. Section 86.008, Election Code, is amended to |
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read as follows: |
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Sec. 86.008. OPPORTUNITY TO CORRECT DEFECT: [DEFECTIVE] |
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APPLICATION. (a) This section applies to an application for a |
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ballot to be voted by mail for which the applicant failed to comply |
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with a requirement provided by Section 84.002, 84.0021, or |
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84.003(a) in a manner that would lead, if not corrected, to the |
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rejection of the applicant's application. |
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(a-1) Not later than the second business day after the early |
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voting clerk discovers a defect described by Subsection (a), the |
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early voting clerk shall: |
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(1) determine if it would be possible for the |
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applicant to correct the defect and return an application form by |
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mail before the deadline provided by Section 84.007(c) or |
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86.0015(b-1), as applicable; and |
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(2) notwithstanding any other law, if the clerk |
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determines it would be possible to correct the defect and return an |
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application form before the deadline provided by Section 84.007(c) |
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or 86.0015(b-1), either return the application to the applicant or |
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[If on reviewing an application for a ballot to be voted by mail |
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that was received on or before the 18th day before election day the |
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early voting clerk determines that the application does not fully |
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comply with the applicable requirements prescribed by this title, |
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the clerk shall mail or otherwise] deliver an official application |
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form to the applicant. |
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(b) The clerk shall include with the returned application or |
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an application form [mailed or] delivered to the applicant under |
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Subsection (a-1)(2) a written notice containing: |
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(1) a brief explanation of each defect in the |
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noncomplying application; |
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(2) a statement informing the voter that the voter is |
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not entitled to vote an early voting ballot unless the application |
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complies with all legal requirements; and |
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(3) instructions for submitting the corrected or |
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second application. |
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(c) If the early voting clerk determines that it would not |
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be possible for the applicant to correct the defect and return an |
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application form by mail before the deadline provided by Section |
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84.007(c) or 86.0015(b-1), as applicable, [an application that does |
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not fully comply with the applicable requirements prescribed by |
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this title is received after the 12th day before election day and |
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before the end of the period for early voting by personal |
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appearance,] the clerk may notify the applicant by telephone or |
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e-mail of the defect, including the information required under |
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Subsection (b), and inform the applicant that the applicant may |
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come to the early voting clerk's office before the deadline |
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provided by Section 84.007(c) or 86.0015(b-1), as applicable, and |
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correct the defect in person [shall mail or otherwise deliver a |
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notice to the voter containing the information prescribed by |
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Subdivisions (1) and (2) of Subsection (b), including a statement |
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that the application was late, if applicable]. |
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(c-1) The clerk shall: |
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(1) in addition to returning an application or |
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providing an application form under Subsection (a-1)(2) or |
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notifying an applicant under Subsection (c), notify the applicant |
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of a defect discovered under this section and provide the |
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information required to be included under Subsection (b) using the |
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online tool described by Section 86.015; and |
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(2) if possible, permit the applicant to correct a |
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defect using the online tool described by Section 86.015. |
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(d) Notwithstanding any other provisions of this code, the |
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clerk may deliver in person to the voter a second application if the |
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defective original application is timely and may receive, before |
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the deadline, the corrected application in person from the voter. |
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If a procedure authorized by this subsection is used, it must be |
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applied uniformly to all applications covered by this subsection. |
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The clerk shall enter a notation on the application indicating any |
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information added by the clerk under this subsection. A poll |
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watcher is entitled to accompany the clerk and observe the |
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procedures under this subsection. The secretary of state may |
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prescribe any other procedures necessary to implement this |
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subsection including requirements for posting notice of any |
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deliveries. |
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SECTION 5. Sections 86.015(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) The secretary of state shall develop or otherwise |
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provide an online tool to each early voting clerk [that enables a |
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person who submits an application for a ballot to be voted by mail |
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to track the location and status of the person's application and |
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ballot] on the secretary's Internet website and on the county's |
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Internet website if the early voting clerk is the county clerk of a |
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county that maintains an Internet website that enables a person who |
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submits an application for a ballot to be voted by mail to: |
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(1) track the location and status of the person's |
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application and ballot; and |
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(2) receive notice of and, when possible, correct a |
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defect in the person's application and ballot under Sections |
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86.008(c-1), 87.0271(e-1), and 87.0411(e-1). |
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(b) The online tool developed or provided under Subsection |
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(a) must require the voter to provide, before permitting the voter |
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to access information described by that subsection: |
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(1) the voter's name and date of birth [registration |
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address] and the last four digits of the voter's social security |
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number; and |
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(2) the voter's: |
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(A) driver's license number; or |
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(B) personal identification card number issued |
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by the Department of Public Safety. |
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SECTION 6. Section 87.0271, Election Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (b-1), |
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(c-1), and (e-1) to read as follows: |
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(b) Not later than the second [business] day after a |
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signature verification committee discovers a defect described by |
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Subsection (a) and before the committee decides whether to accept |
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or reject a timely delivered ballot under Section 87.027, the |
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committee shall send the voter a notice of the defect and a |
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corrective action form developed by the secretary of state under |
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Subsection (c-1) by mail or by common or contract carrier[: |
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[(1) determine if it would be possible for the voter to |
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correct the defect and return the carrier envelope before the time |
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the polls are required to close on election day; and |
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[(2) return the carrier envelope to the voter by mail, |
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if the committee determines that it would be possible for the voter |
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to correct the defect and return the carrier envelope before the |
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time the polls are required to close on election day]. |
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(b-1) The signature verification committee shall include |
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with the notice delivered to the voter under Subsection (b): |
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(1) a brief explanation of each defect in the |
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noncomplying ballot; and |
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(2) a notice that the voter may: |
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(A) cancel the voter's application to vote by |
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mail in the manner described by Section 84.032; or |
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(B) correct the defect in the voter's ballot by: |
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(i) submitting a corrective action form |
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developed and made available by the secretary of state under |
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Subsection (c-1) by mail or by common or contract carrier; or |
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(ii) coming to the early voting clerk's |
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office not later than the second day after election day. |
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(c) If the signature verification committee determines |
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[under Subsection (b)(1)] that it would not be possible for the |
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voter to receive the notice of defect within a reasonable time to |
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correct the defect [and return the carrier envelope before the time |
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the polls are required to close on election day], the committee may |
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notify the voter of the defect by telephone or e-mail and inform the |
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voter that the voter may request to have the voter's application to |
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vote by mail canceled in the manner described by Section 84.032, |
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submit a corrective action form developed by the secretary of state |
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under Subsection (c-1) by mail or by common or contract carrier, or |
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come to the early voting clerk's office in person not later than the |
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second [sixth] day after election day to correct the defect. |
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(c-1) The secretary of state shall develop a corrective |
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action form that may be completed and submitted to a signature |
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verification committee under this section to correct a defect. |
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(e-1) The committee shall: |
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(1) in addition to sending the voter a notice of the |
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defect under Subsection (b) or notifying the voter of the defect by |
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telephone or e-mail under Subsection (c), notify the voter of a |
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defect discovered under this section using the online tool |
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described by Section 86.015; and |
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(2) if possible, permit the voter to correct a defect |
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using the online tool described by Section 86.015. |
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SECTION 7. Section 87.041(d-1), Election Code, is amended |
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to read as follows: |
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(d-1) If a voter provides the information required under |
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Section 86.002(g) and it identifies the same voter identified on |
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the voter's application for voter registration under Section |
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13.002(c)(8), the signature on the ballot application and on the |
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carrier envelope certificate shall be rebuttably presumed to be the |
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signatures of the voter. The board shall compare signatures in |
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making a determination under Subsection (b)(2) regardless of |
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whether the presumption provided by this subsection exists. |
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SECTION 8. Section 87.0411, Election Code, is amended by |
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amending Subsections (b) and (c) and adding Subsections (b-1), |
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(c-1), and (e-1) to read as follows: |
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(b) Not later than the second business day after an early |
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voting ballot board discovers a defect described by Subsection (a) |
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and before the board decides whether to accept or reject a timely |
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delivered ballot under Section 87.041, the board shall send the |
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voter a notice of the defect and a corrective action form developed |
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by the secretary of state under Subsection (c-1) by mail or by |
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common or contract carrier[: |
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[(1) determine if it would be possible for the voter to |
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correct the defect and return the carrier envelope before the time |
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the polls are required to close on election day; and |
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[(2) return the carrier envelope to the voter by mail, |
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if the board determines that it would be possible for the voter to |
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correct the defect and return the carrier envelope before the time |
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the polls are required to close on election day]. |
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(b-1) The early voting ballot board shall include with the |
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notice delivered to the voter under Subsection (b): |
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(1) a brief explanation of each defect in the |
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noncomplying ballot; and |
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(2) a notice that the voter may: |
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(A) cancel the voter's application to vote by |
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mail in the manner described by Section 84.032; or |
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(B) correct the defect in the voter's ballot by: |
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(i) submitting a corrective action form |
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developed and made available by the secretary of state under |
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Subsection (c-1) by mail or by common or contract carrier; or |
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(ii) coming to the early voting clerk's |
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office not later than the second day after election day. |
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(c) If the early voting ballot board determines [under |
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Subsection (b)(1)] that it would not be possible for the voter to |
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receive the notice of defect within a reasonable time to correct the |
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defect [and return the carrier envelope before the time the polls |
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are required to close on election day], the board may notify the |
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voter of the defect by telephone or e-mail and inform the voter that |
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the voter may request to have the voter's application to vote by |
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mail canceled in the manner described by Section 84.032, submit a |
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corrective action form developed by the secretary of state under |
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Subsection (c-1) by mail or by common or contract carrier, or come |
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to the early voting clerk's office in person not later than the |
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second [sixth] day after election day to correct the defect. |
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(c-1) The secretary of state shall develop a corrective |
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action form that may be completed and submitted to an early voting |
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ballot board under this section to correct a defect. |
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(e-1) The early voting ballot board shall: |
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(1) in addition to sending the voter notice of the |
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defect under Subsection (b) or notifying the voter of the defect by |
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telephone or e-mail under Subsection (c), notify the voter of a |
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defect discovered under this section using the online tool |
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described by Section 86.015; and |
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(2) if possible, permit the voter to correct a defect |
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using the online tool described by Section 86.015. |
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SECTION 9. The change in law made by this Act applies only |
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to an application for a ballot to be voted by mail submitted on or |
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after the effective date of this Act. An application for a ballot |
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to be voted by mail submitted before the effective date of this Act |
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is governed by the law in effect when the application was submitted, |
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and the former law is continued in effect for that purpose. |
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SECTION 10. The changes in law made by this Act apply only |
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to an election held on or after the effective date of this Act. An |
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election held before the effective date of this Act is governed by |
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the law in effect when the election was held, and that law is |
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continued in effect for that purpose. |
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SECTION 11. This Act takes effect September 1, 2023. |
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* * * * * |