82R1223 ATP-D
By: Ellis S.B. No. 214
A BILL TO BE ENTITLED
AN ACT
relating to early voting by mail by any qualified voter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(e), Election Code, is amended to
read as follows:
(e) Notwithstanding Section 82.005, a [A] person who is
certified for participation in the address confidentiality program
administered by the attorney general under Subchapter C, Chapter
56, Code of Criminal Procedure, is not eligible for early voting by
mail [under Section 82.007] unless the person submits an
application under this section by personal delivery. The secretary
of state may adopt rules to implement this subsection.
SECTION 2. Section 82.005, Election Code, is amended to
read as follows:
Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
APPEARANCE]. Any qualified voter is eligible for early voting by
mail or personal appearance.
SECTION 3. Section 82.007, Election Code, is amended to
read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
who, [is eligible for early voting by mail if:
[(1) the voter submitted a registration application by
personal delivery as required by Section 13.002(e); and
[(2)] at the time the voter's early voting ballot
application is submitted, [the voter] is certified for
participation in the address confidentiality program administered
by the attorney general under Subchapter C, Chapter 56, Code of
Criminal Procedure, is eligible for early voting by mail only if the
voter submitted a registration application by personal delivery as
required by Section 13.002(e).
SECTION 4. Section 84.001(a), Election Code, is amended to
read as follows:
(a) To be entitled to vote an early voting ballot by mail, a
person [who is eligible for early voting] must make an application
for an early voting ballot to be voted by mail as provided by this
title.
SECTION 5. Section 84.002(a), Election Code, is amended to
read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(2) for an application for a ballot to be voted by mail
by an applicant who will be absent from the applicant's [on the
ground of absence from the] county of residence on election day, the
address outside the applicant's county of residence to which the
ballot is to be mailed;
(3) for an application for a ballot to be voted by mail
by an applicant who is 65 years of age or older on election day or
has a sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative [on the ground of age or disability],
the address of the hospital, nursing home or other long-term care
facility, or retirement center, or of a person related to the
applicant within the second degree by affinity or the third degree
by consanguinity, as determined under Chapter 573, Government Code,
if the applicant is living at that address and that address is
different from the address at which the applicant is registered to
vote;
(4) for an application for a ballot to be voted by mail
by an applicant who is confined [on the ground of confinement] in
jail as described by Section 84.009(a), the address of the jail or
of a person related to the applicant within the degree described by
Subdivision (3); and
(5) [for an application for a ballot to be voted by
mail on any ground,] an indication of each election for which the
applicant is applying for a ballot[; and
[(6) an indication of the ground of eligibility for
early voting].
SECTION 6. Section 84.009, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-1) to read as
follows:
(a) This section applies only to an applicant who, at the
time the application for a ballot to be voted by mail is submitted,
is confined in jail:
(1) serving a misdemeanor sentence for a term that
ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony
conviction; or
(4) pending trial or appeal on a bailable offense for
which release on bail before election day is unlikely.
(a-1) On request of the applicant, an application for a
ballot to be voted by mail [on the ground of confinement in jail]
may be submitted to the early voting clerk, at the discretion of the
authority in charge of the jail, by personal delivery by the jail
authority or by a designated subordinate of the authority.
SECTION 7. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant [applying on the
ground of absence from the county of residence] to indicate whether
the applicant will be absent from the applicant's county of
residence on election day and, if applicable, the date on or after
which the applicant can receive mail at the address outside the
county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant who is 65
years of age or older on election day or has a sickness or physical
condition that requires the applicant to reside in a hospital or
nursing home or other long-term care facility, or with a relative,
[applying on the ground of age or disability] to indicate that the
address to which the ballot is to be mailed is the address of a
facility or relative described by Section 84.002(a)(3), if
applicable;
(E) a space or box for an applicant confined
[applying on the ground of confinement] in jail as described by
Section 84.009(a) to indicate that the address to which the ballot
is to be mailed is the address of a relative described by Section
84.002(a)(4), if applicable;
(F) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(G) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(H) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 8. Sections 86.001(b) and (c), Election Code, are
amended to read as follows:
(b) If the application complies with the applicable
requirements prescribed by this title [applicant is entitled to
vote an early voting ballot by mail], the clerk shall provide an
official ballot to the applicant as provided by this chapter.
(c) Except as provided by Section 86.008, if the applicant
is not entitled to vote in the election [by mail], the clerk shall
reject the application, enter on the application "rejected" and the
reason for and date of rejection, and deliver written notice of the
reason for the rejection to the applicant at both the residence
address and mailing address on the application. A ballot may not be
provided to an applicant whose application is rejected.
SECTION 9. Section 86.003(c), Election Code, is amended to
read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the
application to vote early by mail indicates that the voter [ground
for voting by mail is]:
(1) will be absent from the voter's [absence from the]
county of residence on election day, in which case the address must
be an address outside the voter's county of residence;
(2) is confined [confinement] in jail as described by
Section 84.009(a), in which case the address must be the address of
the jail or of a relative described by Section 84.002(a)(4); or
(3) is 65 years of age or older on election day or has a
sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative, [age or disability] and [the voter] is
living at a hospital, nursing home or other long-term care
facility, or retirement center, or with a relative described by
Section 84.002(a)(3), in which case the address must be the address
of that facility or relative.
SECTION 10. Section 86.004(b), Election Code, is amended to
read as follows:
(b) For the general election for state and county officers,
the balloting materials for a voter who indicates on the
application for a ballot to be voted by mail or the federal postcard
application that the voter seeks [is eligible] to vote early by mail
as a consequence of the voter's being outside the United States
shall be mailed on or before the later of the 45th day before
election day or the seventh calendar day after the date the clerk
receives the application. However, if it is not possible to mail
the ballots by the deadline of the 45th day before election day, the
clerk shall notify the secretary of state within 24 hours of knowing
that the deadline will not be met. The secretary of state shall
monitor the situation and advise the clerk, who shall mail the
ballots as soon as possible in accordance with the secretary of
state's guidelines.
SECTION 11. Section 87.041(b), Election Code, is amended to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) [the voter's ballot application states a legal
ground for early voting by mail;
[(4)] the voter is registered to vote, if registration
is required by law;
(4) [(5) the address to which the ballot was mailed to
the voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
[(6)] for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; and
(5) [(7)] the address to which the ballot was mailed
to the voter is an address [that is otherwise] required by Sections
84.002 and 86.003.
SECTION 12. Section 102.001(a), Election Code, is amended
to read as follows:
(a) A qualified voter is eligible to vote a late ballot as
provided by this chapter if the voter has a sickness or physical
condition [described by Section 82.002] that prevents the voter
from appearing at the polling place on election day without a
likelihood of needing personal assistance or of injuring the
voter's health and originates on or after the day before the last
day for submitting an application for a ballot to be voted by mail.
SECTION 13. Sections 82.001, 82.002, 82.003, 82.004,
84.002(b), and 112.002(b), Election Code, are repealed.
SECTION 14. The changes in law made by this Act apply only
to an election ordered on or after September 1, 2011.
SECTION 15. This Act takes effect September 1, 2011.