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A BILL TO BE ENTITLED
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AN ACT
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Relating to the ability of a voter registrar and volunteer deputy |
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registrar to distribute and receive applications for a ballot to be |
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voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 12, Election Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER C. APPLICATION FORMS FOR A BALLOT TO BE VOTED BY MAIL |
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Sec. 12.035. APPLICATION FORMS FURNISHED BY VOTER |
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REGISTRAR. (a) A voter registrar shall maintain a supply of |
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official application forms for a ballot to be voted by mail and |
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furnish the forms to voters in person. |
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(b) A voter may submit an application for a ballot to be |
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voted by mail by delivering the application to a voter registrar. |
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(c) A volunteer deputy registrar shall submit to the voter |
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registrar an application for a ballot to be voted by mail as |
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provided by Subchapter C, Chapter 84. |
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Sec. 12.036. DELIVERY OF APPLICATION TO EARLY VOTING CLERK. |
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(a) If a voter to register is not also the early voting clerk, the |
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voter registrar shall deliver in person, to the early voting clerk |
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each completed application for a ballot to be voted by mail |
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submitted to the voter registrar, as provided by this subchapter. |
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The secretary of state shall prescribe any procedures necessary to |
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ensure the proper and timely delivery of completed applications |
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that are not delivered in person by the volunteer deputy who |
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receives them. |
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(b) An application shall be delivered to the early voting |
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clerk not later than the deadline provided by Section 84.007(c), |
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but not before an action on application to register has been made as |
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provided by Section 13.072, if such an application to register |
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accompanies an application form for a ballot to be voted by mail. |
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SECTION 2. Section 13.038, Election Code, is amended to |
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read as follows: |
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Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy |
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registrar may distribute voter registration application forms |
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throughout the county and receive registration applications |
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submitted to the deputy in person. |
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(b) A volunteer deputy registrar may distribute application |
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forms for a ballot to be voted by mail throughout the county and |
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receive applications for a ballot to be voted by mail submitted to |
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the deputy in person as provided by Subchapter C, Chapter 84. |
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SECTION 3. Section 84.007(b), Election Code, is amended to |
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read as follows: |
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(b) An application must be submitted to the early voting |
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clerk by: |
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(1) mail; |
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(2) common or contract carrier; |
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(2-a) the voter registrar, if other than the early |
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voting clerk; |
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(3) subject to Subsection (b-1), telephonic facsimile |
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machine, if a machine is available in the clerk's officer; or |
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(4) subject to Subsection (b-1), electronic |
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transmission of a scanned application containing an original |
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signature. |
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SECTION 4. Chapter 84, Election Code, is amended by adding |
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Subchapter C to read as follows: |
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SUBCHAPTER C. VOLUNTEER DEPUTY REGISTRARS |
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Sec. 84.051. APPLICATION FORMS FURNISHED BY VOLUNTEER |
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DEPUTY REGISTRAR. (a) A volunteer deputy registrar may maintain a |
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supply of official application forms for a ballot to be voted by |
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mail and shall furnish the forms to voters throughout the county in |
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a manner consistent with law. |
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(b) A voter may submit an application for a ballot to be |
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voted by mail by delivering the application to a volunteer deputy |
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registrar. |
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(c) To the extent practicable, the procedure under this |
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section for distributing applications for a ballot to be vote by |
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mail and delivering applications shall be the same as the procedure |
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for delivering a registration application under Subchapter B, |
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Chapter 13. |
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Sec. 84.052. DELIVERY OF APPLICATION TO VOTER REGISTRAR. |
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(a) A volunteer deputy registrar shall deliver in person, or by |
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personal delivery through another designated volunteer deputy, to |
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the voter registrar each completed application for a ballot to be |
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voted by mail submitted to the deputy, as provided by this section. |
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The secretary of state shall prescribe any procedures necessary to |
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ensure the proper and timely delivery of completed applications |
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that are not delivered in person by the volunteer deputy who |
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receives them. |
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(b) Except as provided by Subsection (c), an application |
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shall be delivered to the voter registrar not later than 5 p.m. of |
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the fifth day after the date the application is submitted to the |
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volunteer deputy registrar. |
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(c) An application submitted after the 15th day before the |
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date of an election and on or before the last day for a person to |
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timely submit an application for a ballot to be voted by mail for |
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that election as provided by Section 84.007 shall be delivered to |
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the voter registrar not later than 5 p.m. of the next regular |
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business day after the date to timely submit an application for a |
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ballot to be voted by mail for that election as provided by Section |
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13.143. |
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Sec. 84.053. FAILURE TO DELIVER APPLICATION. (a) A |
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volunteer deputy registrar commits an offense if the deputy fails |
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to comply with Section 84.052. |
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(b) Except as provided by Subsection (c), an offense under |
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this section is a Class C misdemeanor. |
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(c) An offense under this section is a Class A misdemeanor |
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if the deputy's failure to comply is intentional. |
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SECTION 5. This Act takes effect September 1, 2025. |