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A BILL TO BE ENTITLED
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AN ACT
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relating to eligibility requirements for early voting by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 13.002(e), Election Code, is amended to |
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read as follows: |
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(e) A person who is certified for participation in the |
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address confidentiality program administered by the attorney |
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general under Subchapter B, Chapter 58, Code of Criminal Procedure, |
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is not eligible for early voting by mail [under Section 82.007] |
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unless the person submits an application under this section by |
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personal delivery. The secretary of state may adopt rules to |
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implement this subsection. |
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SECTION 2. Section 84.002(a), Election Code, is amended to |
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read as follows: |
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(a) An early voting ballot application must include: |
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(1) the applicant's name and the address at which the |
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applicant is registered to vote; |
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(1-a) the following information: |
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(A) the number of the applicant's driver's |
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license, election identification certificate, or personal |
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identification card issued by the Department of Public Safety; |
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(B) if the applicant has not been issued a number |
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described by Paragraph (A), the last four digits of the applicant's |
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social security number; or |
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(C) a statement by the applicant that the |
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applicant has not been issued a number described by Paragraph (A) or |
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(B); |
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(2) [for an application for a ballot to be voted by |
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mail on the ground of absence from the county of residence, the |
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address outside the applicant's county of residence to which the |
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ballot is to be mailed; |
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[(3)] for an application for a ballot to be voted by |
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mail on the ground of age [or disability], the address of the |
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hospital, nursing home or other long-term care facility, or |
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retirement center, or of a person related to the applicant within |
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the second degree by affinity or the third degree by consanguinity, |
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as determined under Chapter 573, Government Code, if the applicant |
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is living at that address and that address is different from the |
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address at which the applicant is registered to vote; |
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[(4) for an application for a ballot to be voted by |
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mail on the ground of confinement in jail, the address of the jail |
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or of a person related to the applicant within the degree described |
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by Subdivision (3);] |
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(3) [(5) for an application for a ballot to be voted by |
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mail on any ground,] an indication of each election for which the |
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applicant is applying for a ballot; and |
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(4) [(6)] an indication of the ground of eligibility |
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for early voting[; and |
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[(7) for an application for a ballot to be voted by |
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mail on the ground of involuntary civil commitment, the address of |
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the facility operated by or under contract with the Texas Civil |
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Commitment Office or of a person related to the applicant within the |
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degree of consanguinity described by Subdivision (3)]. |
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SECTION 3. Section 84.0021(a), Election Code, is amended to |
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read as follows: |
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(a) An early voting ballot application submitted by a |
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qualified voter certified for participation in the address |
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confidentiality program administered by the attorney general under |
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Subchapter B, Chapter 58, Code of Criminal Procedure, who is |
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eligible for early voting by mail [under Section 82.007] must |
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include: |
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(1) the applicant's name and address at which the |
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applicant is registered to vote; |
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(2) the substitute post office box address designated |
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by the attorney general under Article 58.052(b), Code of Criminal |
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Procedure, for use by the voter in place of the voter's true |
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residential, business, or school address; and |
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(3) an indication of each election for which the |
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applicant is applying for a ballot. |
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SECTION 4. Sections 84.011(a) and (c), Election Code, are |
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amended to read as follows: |
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(a) The officially prescribed application form for an early |
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voting ballot must include: |
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(1) immediately preceding the signature space the |
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statement: "I certify that the information given in this |
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application is true, and I understand that giving false information |
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in this application is a crime."; |
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(2) a statement informing the applicant of the |
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offenses prescribed by Sections 84.003 and 84.004; |
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(3) spaces for entering an applicant's voter |
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registration number and county election precinct of registration, |
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with a statement informing the applicant that failure to furnish |
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that information does not invalidate the application; |
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(3-a) a space for entering the information required |
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under Section 84.002(a)(1-a); and |
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(4) on an application for a ballot to be voted by mail: |
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(A) [a space for an applicant applying on the |
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ground of absence from the county of residence to indicate the date |
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on or after which the applicant can receive mail at the address |
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outside the county; |
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[(B)] a space for indicating the fact that an |
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applicant whose application is signed by a witness cannot make the |
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applicant's mark and a space for indicating the relationship or |
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lack of relationship of the witness to the applicant; |
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(B) [(C)] a space for entering an applicant's |
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telephone number, with: |
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(i) a statement informing the applicant |
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that failure to furnish that information does not invalidate the |
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application; and |
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(ii) a statement prescribed by the |
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secretary of state explaining the benefits of furnishing that |
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information, including how that information assists the early |
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voting clerk; |
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(C) [(D)] a space or box for an applicant |
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applying on the ground of age [or disability] to indicate that the |
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address to which the ballot is to be mailed is the address of a |
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facility or relative described by Section 84.002(a)(3), if |
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applicable; |
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(D) [(E) a space or box for an applicant applying |
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on the ground of confinement in jail or involuntary civil |
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commitment to indicate that the address to which the ballot is to be |
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mailed is the address of a relative described by Section |
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84.002(a)(4) or (7), if applicable; |
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[(F)] a space for an applicant applying on the |
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ground of age [or disability] to indicate if the application is an |
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application under Section 86.0015; |
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(E) [(G)] spaces for entering the signature, |
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printed name, and residence address of any person assisting the |
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applicant; |
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(F) [(H)] a statement informing the applicant of |
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the condition prescribed by Section 81.005; and |
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(G) [(I)] a statement informing the applicant of |
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the requirement prescribed by Section 86.003(c). |
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(c) The secretary of state shall make the statement |
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prescribed by Subsection (a)(4)(B)(ii) [(a)(4)(C)(ii)] available |
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on the secretary's Internet website. |
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SECTION 5. Section 86.003(c), Election Code, is amended to |
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read as follows: |
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(c) The address to which the balloting materials must be |
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addressed is the address at which the voter is registered to vote, |
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or the registered mailing address if different, unless the ground |
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for voting by mail is[: |
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[(1) absence from the county of residence, in which |
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case the address must be an address outside the voter's county of |
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residence; |
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[(2) confinement in jail, in which case the address |
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must be the address of the jail or of a relative described by |
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Section 84.002(a)(4); |
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[(3)] age [or disability] and the voter is living at a |
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hospital, nursing home or other long-term care facility, or |
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retirement center, or with a relative described by Section |
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84.002(a)(3), in which case the address must be the address of that |
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facility or relative[; or |
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[(4) involuntary civil commitment, in which case the |
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address must be the address of the facility or of a relative |
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described by Section 84.002(a)(7)]. |
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SECTION 6. Section 102.001(a), Election Code, is amended to |
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read as follows: |
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(a) A qualified voter is eligible to vote a late ballot as |
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provided by this chapter if the voter has a sickness or physical |
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condition that prevents the voter from appearing at the polling |
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place on election day [described by Section 82.002] that originates |
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on or after the [day before the] last day for early voting by |
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personal appearance [submitting an application for a ballot to be |
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voted by mail]. |
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SECTION 7. (a) Sections 82.001, 82.002, 82.004, 82.007, and |
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82.008, Election Code, are repealed. |
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(b) Sections 84.002(b) and (c), Election Code, are |
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repealed. |
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SECTION 8. The changes in law made by this Act apply only to |
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an application to vote an early voting ballot by mail submitted for |
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an election ordered on or after the effective date of this Act. An |
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application to vote an early voting ballot by mail submitted for an |
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election ordered before the effective date of this Act is governed |
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by the law in effect when the application was submitted, and the |
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former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2025. |