84R15238 ADM-D
By: Miller of Fort Bend H.B. No. 2163
Substitute the following for H.B. No. 2163:
By: Fallon C.S.H.B. No. 2163
A BILL TO BE ENTITLED
AN ACT
relating to signature verification on an early voting ballot voted
by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.027(i), Election Code, is amended to
read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with any two or more signatures of the
voter made within the preceding six years and on file with the
general custodian of election records or voter registrar [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 any two or more signatures of the voter
made before the preceding six years and on file with the general
custodian of election records or voter registrar [the signature on
the voter's registration application] to confirm that the
signatures are those of the same person but may not use the
signatures [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. 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 2. Section 87.041, Election Code, is amended by
amending Subsection (e) and adding Subsection (e-1) to read as
follows:
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with any two or more
signatures of the voter made within the preceding six years and on
file with the general custodian of election records or voter
registrar to determine if [confirm that] the signatures are those
of the same person [but may not use the signatures to determine that
the signatures are not those of the same person].
(e-1) In making the determination under Subsection (b)(2),
the board may also compare the signatures with any two or more
signatures of the voter made before the preceding six years and on
file with the general custodian of election records or voter
registrar to confirm that the signatures are those of the same
person but may not use the signatures to determine that the
signatures are not those of the same person.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.