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A BILL TO BE ENTITLED
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AN ACT
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relating to early voting 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 64.0322(b), Election Code, is amended to |
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read as follows: |
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(b) The secretary of state shall prescribe the form required |
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by this section. The form must be incorporated into the official |
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carrier envelope or signature sheet contained in the official |
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carrier envelope if the voter is voting an early voting ballot by |
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mail and receives assistance under Section 86.010, or must be |
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submitted to an election officer at the time the voter casts a |
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ballot if the voter is voting at a polling place or under Section |
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64.009. |
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SECTION 2. Sections 86.002(b) and (g), Election Code, are |
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amended to read as follows: |
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(b) Before providing the balloting materials to the voter, |
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the clerk shall enter on the signature sheet contained in the |
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carrier envelope the identity and date of the election. |
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(g) The signature sheet contained in the carrier envelope |
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must include a space [that is hidden from view when the envelope is |
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sealed] for the voter to enter the following information: |
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(1) the number of the voter's driver's license, |
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election identification certificate, or personal identification |
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card issued by the Department of Public Safety; |
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(2) if the voter has not been issued a number described |
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by Subdivision (1), the last four digits of the voter's social |
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security number; or |
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(3) a statement by the applicant that the applicant |
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has not been issued a number described by Subdivision (1) or (2). |
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SECTION 3. Section 86.005(c), Election Code, is amended to |
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read as follows: |
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(c) After marking the ballot, the voter must place it in the |
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official ballot envelope and then seal the ballot envelope, place |
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the ballot envelope in the official carrier envelope, [and then |
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seal the carrier envelope, and] sign the certificate on the |
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signature sheet [carrier envelope] using ink on paper, place the |
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completed signature sheet in the official carrier envelope, and |
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then seal the carrier envelope. An electronic signature or |
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photocopied signature is not permitted. |
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SECTION 4. Sections 86.0051(a) and (b), Election Code, are |
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amended to read as follows: |
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(a) A person commits an offense if the person acts as a |
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witness for a voter in signing the certificate on the signature |
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sheet contained in the carrier envelope and knowingly fails to |
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comply with Section 1.011. |
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(b) A person other than the voter who assists a voter by |
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depositing the carrier envelope in the mail or with a common or |
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contract carrier or who obtains the carrier envelope for that |
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purpose must provide the person's signature, printed name, and |
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residence address on the signature sheet contained in the carrier |
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[reverse side of the] envelope. The person must sign the envelope |
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using ink on paper. An electronic signature or photocopied |
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signature is not permitted. |
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SECTION 5. Sections 86.010(c) and (e), Election Code, are |
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amended to read as follows: |
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(c) The person assisting the voter must sign a written oath |
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prescribed by Section 64.034 that is part of the certificate on the |
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signature sheet contained in the official carrier envelope. |
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(e) A person who assists a voter to prepare a ballot to be |
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voted by mail shall enter on the signature sheet contained in the |
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official carrier envelope of the voter: |
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(1) the person's signature, printed name, and |
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residence address; |
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(2) the relationship of the person providing the |
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assistance to the voter; and |
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(3) whether the person received or accepted any form |
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of compensation or other benefit from a candidate, campaign, or |
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political committee in exchange for providing assistance. |
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SECTION 6. Section 86.013, Election Code, is amended by |
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amending Subsections (b), (c), (d), (e), (f), and (g) and adding |
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Subsection (h) to read as follows: |
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(b) Spaces must appear on the signature sheet contained in |
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[reverse side of] the official carrier envelope for: |
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(1) indicating the identity and date of the election; |
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(2) entering the signature, printed name, and |
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residence address of a person other than the voter who deposits the |
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carrier envelope in the mail or with a common or contract carrier; |
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and |
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(3) indicating the relationship of that person to the |
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voter. |
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(c) A certificate in substantially the following form must |
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be printed on the signature sheet contained in [the reverse side of] |
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the official carrier envelope [in a manner that requires the voter |
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to sign across the flap of the envelope]: |
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"I certify that the enclosed ballot expresses my wishes |
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independent of any dictation or undue persuasion by any person. |
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________________________________ |
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Signature of voter |
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By: ____________________________ |
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Signature of person assisting |
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voter, if applicable (see Ballot |
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Envelope for restrictions and |
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penalties) |
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_______________________________ |
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Printed name of person assisting |
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voter, if applicable |
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_______________________________ |
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Residence address of person |
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assisting voter, if applicable" |
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(d) The following textual material, as prescribed by the |
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secretary of state, must be printed on the signature sheet |
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contained in [reverse side of] the official carrier envelope [or on |
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a separate sheet accompanying the carrier envelope] when it is |
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provided: |
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(1) the prohibition prescribed by Section 86.006(b); |
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(2) the conditions for delivery by common or contract |
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carrier prescribed by Sections 81.005 and 86.006; |
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(3) the requirements for the legal execution of |
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balloting materials and the delivery of the carrier envelope, |
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including the prohibition on compensation for depositing carrier |
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envelopes containing ballots voted by other persons under Section |
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86.0052; |
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(4) the prohibition prescribed by Section 86.006(e); |
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and |
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(5) the offenses prescribed by Sections 86.006(f) and |
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86.010(f). |
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(e) The following notice must be printed on the signature |
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sheet contained in [reverse side of] the official carrier envelope, |
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near the space provided for the voter's signature: "This envelope |
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must be sealed by the voter before it leaves the voter's hands. Do |
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not sign this [envelope] unless the ballot has been marked by you or |
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at your direction." |
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(f) The oath of a person assisting a voter must be included |
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on the signature sheet contained in the official carrier envelope |
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as part of the certificate prescribed by Subsection (c). |
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(g) The secretary of state by rule shall require that a |
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notice informing voters of the telephone number established under |
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Section 31.0055 and the purpose of the telephone number be printed |
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on the signature sheet[: |
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[(1) the official carrier envelope; or |
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[(2) an insert] enclosed with the balloting materials |
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for voting by mail sent to the voter. |
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(h) The secretary of state shall prescribe the form and |
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content of the signature sheet that satisfies requirements of this |
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code. |
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SECTION 7. Section 86.014(b), Election Code, is amended to |
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read as follows: |
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(b) Originals of the applications, [and] carrier envelopes, |
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and signature sheets are not available for public inspection until |
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those materials are delivered to the general custodian of election |
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records after the election. |
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SECTION 8. Section 87.027(i), Election Code, is amended to |
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read as follows: |
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(i) The signature verification committee shall open each |
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voter's carrier envelope and compare the signature on the [each |
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carrier envelope] certificate on each voter's signature sheet, |
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except those signed for a voter by a witness, with the signature on |
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the voter's ballot application to determine whether the signatures |
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are those of the voter. The committee may also compare the |
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signatures with any known signature of the voter on file with the |
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county clerk or voter registrar to determine whether the signatures |
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are those of the voter. Except as provided by Subsection (l), a |
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determination under this subsection that the signatures are not |
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those of the voter must be made by a majority vote of the |
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committee's membership. After the committee completes its review, |
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the committee shall place the voter's signature sheet back in its |
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original carrier envelope, seal the carrier envelope, and document |
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the seal number used for the carrier envelope on the jacket |
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envelope. The committee shall place the jacket envelopes, carrier |
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envelopes, and applications of voters whose signatures are not |
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those of the voter in separate containers from those of voters whose |
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signatures are those of the voter. The committee chair shall |
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deliver the sorted materials to the early voting ballot board at the |
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time specified by the board's presiding judge. |
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SECTION 9. Section 87.041(a), Election Code, is amended to |
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read as follows: |
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(a) The early voting ballot board shall open each jacket and |
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carrier envelope for an early voting ballot voted by mail and |
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determine whether to accept the voter's ballot. |
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SECTION 10. Section 87.042, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) The early voting ballot board shall open each carrier |
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envelope containing an accepted ballot [without defacing the |
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certificate on the carrier envelope] and remove the ballot envelope |
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from the carrier envelope. |
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(a-1) The early voting ballot board shall place each |
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signature sheet in its original carrier envelope for retention for |
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the preservation period. |
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SECTION 11. Section 87.043(a), Election Code, is amended to |
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read as follows: |
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(a) The early voting ballot board shall place each signature |
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sheet in its original carrier envelope, place the carrier envelopes |
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containing rejected ballots in an envelope, and [shall] seal the |
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envelope. More than one envelope may be used if necessary. The |
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board shall keep a record of the number of rejected ballots in each |
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envelope. |
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SECTION 12. Section 87.0431(b), Election Code, is amended |
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to read as follows: |
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(b) The early voting clerk shall, not later than the 30th |
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day after election day, deliver notice to the attorney general, |
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including certified copies of the carrier envelope and |
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corresponding ballot application, of any ballot rejected because: |
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(1) the voter was deceased; |
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(2) the voter already voted in person in the same |
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election; |
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(3) the signatures on the carrier envelope certificate |
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and ballot application were not executed by the same person; |
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(4) the carrier envelope certificate lacked a witness |
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signature; |
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(5) the carrier envelope certificate was improperly |
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executed by an assistant; or |
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(6) the early voting ballot board or the signature |
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verification committee determined that another violation of the |
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Election Code occurred. |
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SECTION 13. Section 87.044, Election Code, is amended to |
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read as follows: |
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Sec. 87.044. DISPOSITION OF APPLICATION. (a) The early |
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voting ballot board shall place each application for a ballot voted |
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by mail in its corresponding jacket envelope. For a ballot voted |
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under Chapter 101 or 105, the board shall also place the copy of the |
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voter's federal postcard application or signature cover sheet in |
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the same location as the carrier envelope. If the voter's ballot |
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was accepted, the board shall also place the carrier envelope and |
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its included signature sheet in the jacket envelope. However, if |
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the jacket envelope is to be used in a subsequent election, the |
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carrier envelope and its included signature sheet shall be retained |
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elsewhere. |
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(b) A board member shall deliver the jacket envelope, |
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carrier envelope and its included signature sheet, and application |
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in a container other than that used for the voted ballots to the |
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general custodian of election records, to be retained for the |
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period for preserving the precinct election records. |
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SECTION 14. Sections 87.126(a) and (a-1), Election Code, |
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are amended to read as follows: |
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(a) The early voting clerk may electronically record |
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applications for a ballot to be voted by mail, jacket envelopes, |
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carrier envelopes, signature sheets, and ballots. |
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(a-1) Electronic records made under this section shall |
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record both sides of any application, envelope, signature sheet, or |
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ballot recorded, and all such records shall be provided to the early |
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voting ballot board, the signature verification committee, or both. |
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SECTION 15. Section 101.105, Election Code, is amended to |
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read as follows: |
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Sec. 101.105. BALLOTING MATERIALS TO BE SENT BY |
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E-MAIL. Balloting materials to be sent by e-mail under this |
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subchapter include: |
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(1) the appropriate ballot; |
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(2) ballot instructions, including instructions that |
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inform a voter that the ballot must be returned by mail to be |
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counted; |
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(3) instructions prescribed by the secretary of state |
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on: |
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(A) how to print a return envelope from the |
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federal Voting Assistance Program website; and |
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(B) how to create a [carrier envelope or] |
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signature sheet for the ballot; and |
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(4) a list of certified write-in candidates, if |
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applicable. |
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SECTION 16. Section 103.004(c), Election Code, is amended |
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to read as follows: |
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(c) The voter must mark and seal the ballot in the same |
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manner as if early voting by mail except that the [certificate on |
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the] carrier envelope certificate need not be completed. |
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SECTION 17. Section 104.004(c), Election Code, is amended |
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to read as follows: |
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(c) The voter must mark and seal the ballot in the same |
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manner as if voting by mail except that the [certificate on the] |
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carrier envelope certificate need not be completed. |
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SECTION 18. Section 113.005(c), Election Code, is amended |
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to read as follows: |
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(c) The voter must mark and seal the ballot in the same |
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manner as if voting by mail except that the [certificate on the] |
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carrier envelope certificate need not be completed. |
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SECTION 19. Section 272.011(b), Election Code, is amended |
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to read as follows: |
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(b) The secretary of state shall prepare the translation for |
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election materials required to be provided in a language other than |
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English or Spanish for the following state prescribed voter forms: |
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(1) voter registration application form required by |
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Section 13.002; |
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(2) the confirmation form required by Section 15.051; |
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(3) the voting instruction poster required by Section |
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62.011; |
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(4) the reasonable impediment declaration required by |
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Section 63.001(b); |
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(5) the statement of residence form required by |
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Section 63.0011; |
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(6) the provisional ballot affidavit required by |
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Section 63.011; |
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(7) the application for a ballot by mail required by |
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Section 84.011; |
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(8) the carrier envelope, signature sheet, and voting |
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instructions required by Section 86.013; and |
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(9) any other voter forms that the secretary of state |
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identifies as frequently used and for which state resources are |
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otherwise available. |
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SECTION 20. Section 86.011(d), Election Code, is repealed. |
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SECTION 21. This Act takes effect September 1, 2025. |