83R9144 ADM-F
By: Miller of Fort Bend H.B. No. 2262
A BILL TO BE ENTITLED
AN ACT
relating to the procedure for early voting by mail; creating an
offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 13, Election Code, is
amended by adding Section 13.1411 to read as follows:
Sec. 13.1411. EARLY VOTING BY MAIL AUDIT NUMBER. (a) The
secretary of state shall prescribe a system for assigning an early
voting by mail audit number to each registered voter.
(b) The secretary of state shall assign each registered
voter a unique audit number, which must change each time an initial
or renewal voter registration certificate is issued.
(c) An audit number assigned under this section is
confidential and does not constitute public information for
purposes of Chapter 552, Government Code.
(d) The secretary of state shall store in a secure database
each audit number assigned under this section. An audit number may
not be disclosed except for use by the members of the early voting
ballot board or signature verification committee in qualifying
early voting by mail ballots.
(e) The secretary of state shall establish a secure system
that will enable a voter to obtain the voter's audit number without
cost by telephone or over the Internet after verification of
personal identifying information.
(f) A custodian of election records may permit the
disclosure of an early voting by mail application or carrier
envelope containing an audit number to an attorney licensed in this
state for use in an election contest if the attorney executes an
affidavit declaring that the audit number will not be disclosed
outside of the contest proceedings.
(g) The system prescribed by the secretary of state under
this section may be included in the statewide computerized voter
registration system authorized under Section 18.061, provided that
the system complies with the nondisclosure requirements specified
in this section.
(h) A person commits an offense if the person discloses an
early voting by mail audit number to a person other than the voter
to which that number is assigned, except that:
(1) disclosure is permitted for official purposes as
described in this code; and
(2) the voter to which the audit number is assigned may
disclose the number.
(i) An offense under Subsection (h) is a Class A
misdemeanor.
(j) The secretary of state may use funds dedicated under
Chapter 19, or under Sections 31.009 and 31.011, for the purpose of
defraying costs associated with developing and maintaining the
system prescribed by this section.
SECTION 2. Section 15.001(a), Election Code, is amended to
read as follows:
(a) Each voter registration certificate issued must
contain:
(1) the voter's name in the form indicated by the
voter, subject to applicable requirements prescribed by Section
13.002 and by rule of the secretary of state;
(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 location of the voter's residence;
(3) the month, day, and year of the voter's birth;
(4) the number of the county election precinct in
which the voter resides;
(5) the voter's effective date of registration if an
initial certificate;
(6) the voter's registration number;
(7) an indication of the period for which the
certificate is issued;
(8) a statement explaining the circumstances under
which the voter will receive a new certificate;
(9) a space for stamping the voter's political party
affiliation;
(10) a statement that voting with the certificate by a
person other than the person in whose name the certificate is issued
is a felony;
(11) a space for the voter's signature;
(12) a statement that the voter must sign the
certificate personally, if able to sign, immediately on receipt;
(13) a space for the voter to correct the information
on the certificate followed by a signature line;
(14) the statement: "If any information on this
certificate changes or is incorrect, correct the information in the
space provided, sign below, and return this certificate to the
voter registrar.";
(15) the registrar's mailing address and telephone
number; [and]
(16) the jurisdictional or distinguishing number for
the following territorial units in which the voter resides, as
determined by the voter registrar:
(A) congressional district;
(B) state senatorial district;
(C) state representative district;
(D) commissioners precinct;
(E) justice precinct;
(F) city election precinct; and
(G) school district election precinct;
(17) the voter's early voting by mail audit number
assigned under Section 13.1411; and
(18) a statement indicating that the voter's early
voting by mail audit number must be entered by the voter on any
application for early voting by mail and on any carrier envelope
containing a voted ballot.
SECTION 3. Section 18.066(b), Election Code, is amended to
read as follows:
(b) Information furnished under this section may not
include:
(1) a voter's social security number; [or]
(2) the residence address of a voter who is a federal
judge or state judge, as defined by Section 13.0021, or the spouse
of a federal judge or state judge, if the voter included an
affidavit with the voter's registration application under Section
13.0021 or the applicable registrar has received an affidavit
submitted under Section 15.0215; or
(3) a voter's early voting by mail audit number
assigned under Section 13.1411.
SECTION 4. Section 84.001(d), Election Code, is amended to
read as follows:
(d) An application must be submitted in accordance with
Section 84.007 [by mail] to the early voting clerk for the election
who serves the election precinct of the applicant's residence.
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
on the ground of absence from the county of residence, 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
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
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(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; and
(7) the applicant's early voting by mail audit number
assigned under Section 13.1411.
SECTION 6. The heading to Section 84.004, Election Code, is
amended to read as follows:
Sec. 84.004. UNLAWFULLY WITNESSING APPLICATION FOR OR
ASSISTING MORE THAN ONE APPLICANT.
SECTION 7. Sections 84.004(a), (b), and (c), Election Code,
are amended to read as follows:
(a) A person commits an offense if, in the same election,
the person:
(1) signs an early voting ballot application as a
witness for more than one applicant; or
(2) assists more than one applicant, in the
applicant's presence, in completing an early voting ballot
application.
(b) It is an exception to the application of Subsection (a)
that the person [signed early voting ballot applications for more
than one applicant]:
(1) acted as an early voting clerk or deputy early
voting clerk; or
(2) [and the person] is related to the additional
applicants as a parent, grandparent, spouse, child, or sibling.
(c) An application made in [A] violation of this section is
not valid [does not affect the validity of an application involved
in the offense].
SECTION 8. Section 84.007(b), Election Code, is amended to
read as follows:
(b) An application must be submitted to the early voting
clerk by:
(1) mail;
(2) common or contract carrier; [or]
(3) telephonic facsimile machine, if a machine is
available in the clerk's office; or
(4) e-mail containing a scanned image of the
application, if the clerk has an e-mail address.
SECTION 9. 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 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 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 applying on
the ground of confinement in jail 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);
(I) a space for entering an applicant's early
voting by mail audit number;
(J) a statement informing the applicant that
failure to furnish the applicant's early voting by mail audit
number invalidates the application; and
(K) a statement providing the toll-free
telephone number and Internet website established by the secretary
of state under Section 13.1411(e).
SECTION 10. Section 86.001, Election Code, is amended by
adding Subsection (h) to read as follows:
(h) If the application does not include the applicant's
correct early voting by mail audit number, the clerk shall reject
the application and notify the applicant of the rejection in
accordance with Section 86.008.
SECTION 11. Section 86.005, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The voter must include the voter's early voting by mail
audit number on the space provided on the carrier envelope. If the
carrier envelope certificate is not signed or the audit number is
not provided, the ballot is not valid.
SECTION 12. Section 86.0051, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) An offense committed under Subsection (a) or (c)
invalidates the associated ballot.
SECTION 13. Section 86.010(d), Election Code, is amended to
read as follows:
(d) A voter's ballot may not be counted if:
(1) the [If a] voter is assisted in violation of
Subsection (a) or (b); or
(2) a person who assists the voter to prepare a ballot
to be voted by mail fails to comply with Subsection (e)[, the
voter's ballot may not be counted].
SECTION 14. Section 86.013(b), Election Code, is amended to
read as follows:
(b) Spaces must appear on the reverse side of the official
carrier envelope for:
(1) indicating the identity and date of the election;
[and]
(2) entering the signature, printed name, and
residence address of a person other than the voter who deposits the
carrier envelope in the mail or with a common or contract carrier;
(3) entering the applicant's early voting by mail
audit number;
(4) informing the applicant that failure to furnish
the applicant's early voting by mail audit number invalidates the
application; and
(5) providing the toll-free telephone number and
Internet website established by the secretary of state under
Section 13.1411(e).
SECTION 15. Section 87.021, Election Code, is amended to
read as follows:
Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
BOARD. The early voting clerk shall deliver to the early voting
ballot board:
(1) in an election in which regular paper ballots are
used for early voting by personal appearance, each ballot box, in
accordance with Section 85.032(b), containing the early voting
ballots voted by personal appearance and the clerk's key to each
box;
(2) the jacket envelopes containing the early voting
ballots voted by mail, regardless of the ballot type or voting
system used;
(3) the poll lists prepared in connection with early
voting by personal appearance;
(4) the list of registered voters used in conducting
early voting;
(5) a list of early voting by mail audit numbers for
those voters who requested an early voting by mail ballot; and
(6) [(5)] a ballot transmittal form that includes a
statement of the number of early voting ballots voted by mail,
regardless of the ballot type or voting system used, that are
delivered to the early voting ballot board, and in an election in
which regular paper ballots are used for early voting by personal
appearance, the number of names appearing on the poll lists
prepared in connection with early voting by personal appearance.
SECTION 16. Sections 87.027(h) and (i), Election Code, are
amended to read as follows:
(h) If a signature verification committee is appointed for
the election, the early voting clerk shall deliver the jacket
envelopes containing the early voting ballots voted by mail and the
list of early voting by mail audit numbers to the committee instead
of to the early voting ballot board. Deliveries may be made only
during the period of the committee's operation at times scheduled
in advance of delivery by the early voting clerk. The clerk shall
post notice of the time of each delivery. The notice must remain
posted continuously for at least two days before the date of the
delivery.
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
same person. The committee may also compare the signatures with the
signature on the voter's registration application to confirm that
the signatures are those of the same person or [but may not use the
registration application signature to] determine that the
signatures are not those of the same person. Except as provided by
Subsection (l), a determination under this subsection that the
signatures are not those of the same person must be made by a
majority vote of the committee's membership. The committee shall
place the jacket envelopes, carrier envelopes, and applications of
voters whose signatures are not those of the same person in separate
containers from those of voters whose signatures are those of the
same person. If a voter's ballot application or carrier envelope
does not contain a correct early voting by mail audit number
assigned to that voter, the jacket envelope, carrier envelope, and
application for that voter shall be placed in a separate container.
The committee chair shall deliver the sorted materials to the early
voting ballot board at the time specified by the board's presiding
judge.
SECTION 17. Section 87.041, Election Code, is amended by
amending Subsections (b), (e), and (f) and adding Subsection (g) to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) the voter has placed the correct early voting by
mail audit number on the ballot application and the carrier
envelope and 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;
(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
(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.
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with the signature on the
voter's registration application to confirm that the signatures are
those of the same person or [but may not use the registration
application signature to] determine that the signatures are not
those of the same person.
(f) In making the determination under Subsection (b)(2) for
a ballot cast under Chapter 101 or 105, the board shall compare the
signature on the carrier envelope or signature cover sheet with the
signature of the voter on the federal postcard application. Early
voting by mail audit numbers are not required for a ballot cast
under Chapter 101 or 105 to be accepted and counted.
(g) A poll watcher accepted for service under Chapter 33 may
challenge the acceptance of any early voting by mail ballot under
this section by calling attention to an irregularity or a violation
of law to a chair of the early voting ballot board, who shall
resolve the challenge by majority vote of the early voting ballot
board.
SECTION 18. This Act takes effect January 1, 2014.