84R8620 JRJ-D
By: Miller of Fort Bend H.B. No. 2098
A BILL TO BE ENTITLED
AN ACT
relating to the requirements for an application to vote an early
voting ballot by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 63.0101, Election Code, is amended to
read as follows:
Sec. 63.0101. DOCUMENTATION OF PROOF OF IDENTIFICATION.
(a) The following documentation is an acceptable form of photo
identification under this chapter:
(1) a driver's license, election identification
certificate, or personal identification card issued to the person
by the Department of Public Safety that has not expired or that
expired no earlier than 60 days before the date of presentation;
(2) a United States military identification card that
contains the person's photograph that has not expired or that
expired no earlier than 60 days before the date of presentation;
(3) a United States citizenship certificate issued to
the person that contains the person's photograph;
(4) a United States passport issued to the person that
has not expired or that expired no earlier than 60 days before the
date of presentation; or
(5) a license to carry a concealed handgun issued to
the person by the Department of Public Safety that has not expired
or that expired no earlier than 60 days before the date of
presentation.
(b) If a person is 65 years of age or older, an expired
driver's license or personal identification card issued to the
person by the Department of Public Safety is an acceptable form of
identification for the purpose of applying for a ballot to be voted
by mail under Chapter 84.
SECTION 2. 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, and, if the applicant is
applying for a ballot to be voted by mail for the first time, a copy
of one form of identification described by Section 63.0101;
(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.
SECTION 3. 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 the applicant of the
requirement that the applicant include a copy of one form of
identification described by Section 63.0101 if the applicant is
applying for a ballot to be voted by mail for the first time.
SECTION 4. Section 86.001, Election Code, is amended by
adding Subsection (h) to read as follows:
(h) The secretary of state shall by rule provide a system
for maintaining information regarding the provision of
identification with each initial application for a ballot to be
voted by mail.
SECTION 5. The changes in law made by this Act apply only to
an application to vote an early voting ballot by mail submitted on
or after the effective date of this Act. An application to vote an
early voting ballot by mail submitted before the effective date of
this Act is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 6. This Act takes effect September 1, 2015.