83R7525 DRH-D By: Perez H.B. No. 3500 A BILL TO BE ENTITLED AN ACT relating to the electronic transmission of balloting materials for an election to certain voters located outside this state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. 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); and (I) a statement informing an applicant who provides an address under Paragraph (A), (D), or (E) to which the application is to be mailed that is located outside the state that the applicant can choose to receive the application by e-mail transmission and a space for entering an e-mail address for this purpose. SECTION 2. Section 86.003, Election Code, is amended by amending Subsection (a) and adding Subsection (e) to read as follows: (a) Except as provided by Subsection (e), the [The] balloting materials for voting by mail shall be provided to the voter by mail. A ballot provided by any other method may not be counted. (e) A voter is entitled to have the balloting materials sent by electronic transmission to the voter as provided by Subchapter C, Chapter 101, for an election to which that subchapter applies, if the voter's application for an early voting ballot to be voted by mail: (1) cites a ground for voting by mail listed in Subsection (c); (2) provides an address for the balloting materials to be sent to that is located outside of this state; and (3) provides an e-mail address. SECTION 3. This Act takes effect September 1, 2013.