By: Zwiener H.B. No. 3867

A BILL TO BE ENTITLED

AN ACT

relating to voting a statewide ballot, or voting a limited ballot following the change of the county of residence by a voter.

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

SECTION 1. Section 112.001, Election Code, is amended to read as follows:

Sec. 112.001. LIMITED BALLOT. In this code: [code,]

(1) "limited ballot" means a ballot voted under this chapter that is restricted to the offices and propositions stating measures on which a person is entitled to vote under Section 112.004(a) [112.004];

(2) "statewide ballot" means a ballot voted under this chapter that is restricted to statewide offices and propositions stating measures on which a person is entitled to vote under Section 112.004(b).

SECTION 2. Section 112.002, Election Code, is amended by amending the section heading to read as follows:

Sec. 112.002. ELIGIBILITY FOR LIMITED BALLOT.

SECTION 3. Section 112.002, Election Code, is amended by amending Subsections (a) and (d) to read as follows:

(a) After changing residence to another county, a person is eligible to vote a limited ballot on election day, by personal appearance during the early voting period, or by mail if:

(1) the person would have been eligible to vote in the county of former residence on election day if still residing in that county;

(2) the person is registered to vote in the county of former residence at the time the person:

(A) offers to vote in the county of new residence; or

(B) submitted a voter registration application in the county of new residence; and

(3) a voter registration for the person in the county of new residence is not effective on or before election day.

(d) A statement executed under Subsection (c) shall be submitted:

(1) to an election officer at the [main early voting] polling place, if the person is voting by personal appearance; or

(2) with the person's application for a ballot to be voted by mail, if the person is voting by mail.

SECTION 4. Chapter 112, Election Code, is amended by adding Section 112.0025 to read as follows:

Sec. 112.0025. ELIGIBILITY FOR STATEWIDE BALLOT. (a) A person is eligible to vote a statewide ballot on election day, or by personal appearance during the early voting period if the person is registered to vote in the State of Texas at the time the person offers to vote in a given county and the voter would not otherwise be eligible to vote a limited ballot in the county the voter seeks to vote a statewide ballot.

(b) Before being accepted for voting under this chapter, the voter must execute a statement including:

(1) a statement that the voter satisfies the applicable requirements prescribed by Subsection (a);

(2) the voter's residence address or, if the residence has no address, the address at which the voter receives mail and a concise description of the voter's residence;

(3) the month, day, and year of the voter's birth; and

(4) the date the statement is executed.

(c) A statement executed under Subsection (b) shall be submitted to an election officer at the polling place where the person is voting by personal appearance.

(d) A statement executed under Subsection (b) may include space for disclosure of any necessary information to enable the person to register to vote under Chapter 13.

(e) The secretary of state shall prescribe the form of a statement executed under Subsection (b).

SECTION 5. Section 112.004, Election Code, is amended to read as follows:

Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED TO VOTE. (a) A person voting a limited ballot is entitled to vote only on:

(1) each office and proposition stating a measure to be voted on statewide; and

(2) each office and proposition stating a measure to be voted on in a territorial unit of which the person was a resident both before changing county of residence and after the change.

(b) A person voting a statewide ballot is entitled to vote only on each office and proposition stating a measure to be voted on statewide.

SECTION 6. Section 112.006, Election Code, is amended to read as follows:

Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE. (a) A person may vote a limited ballot by personal appearance:

(1) at any early voting polling place; or

(2) on election day, at a countywide polling place or the polling place located in the precinct of the new residence of the voter [only at the main early voting polling place].

(b) A person may vote a statewide ballot by personal appearance:

(1) at any early voting polling place; or

(2) on election day, at any polling place in the state.

SECTION 7. Sections 112.008 and 112.009, Election Code, are amended to read as follows:

Sec. 112.008. DETERMINING OFFICES AND MEASURES TO BE VOTED ON. (a) For each person who is to vote a limited ballot, the election officer [early voting clerk] shall determine the offices and propositions stating measures on which the person is entitled to vote and shall indicate them on the person's application.

(b) For each person who is to vote a statewide ballot, the election officer shall first determine whether the person is eligible for a limited ballot at that polling place, and if not, shall determine the statewide offices and propositions stating measures on which the person is entitled to vote and shall indicate them on the person's application.

Sec. 112.009. PREPARING VOTING MACHINE. Before permitting a person to vote a limited ballot on a voting machine, the election officer [early voting clerk] shall adjust the machine so that votes may be cast only on the offices and propositions stating measures on which the voter is entitled to vote.

SECTION 8. Section 112.010(a), Election Code, is amended to read as follows:

(a) If early voting by personal appearance is conducted by voting machine, the election officer [early voting clerk] may conduct the personal appearance voting of limited ballots or statewide ballots by using official ballots for early voting by mail.

SECTION 9. Section 112.011(b), Election Code, is amended to read as follows:

(b) The information must include the data necessary to enable an election officer [early voting clerk] to determine the district offices on which a voter under this chapter is eligible to vote.

SECTION 10. Section 112.012, Election Code, is amended to read as follows:

Sec. 112.012. NOTIFICATION TO VOTER REGISTRAR. Not later than the 30th day after receipt of an application for a limited ballot or statewide ballot, the county [early voting] clerk shall notify the voter registrar for the voter's former or current county of residence that the voter has applied for a limited or statewide ballot.

SECTION 11. This Act takes effect September 1, 2025.