84R18421 ADM-F
By: Reynolds, et al. H.B. No. 3056
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for applying for a ballot to be voted by
mail; affecting the prosecution of a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.001(e), Election Code, is amended to
read as follows:
(e) An applicant for a ballot to be voted by mail may apply
for ballots for the main election and any resulting runoff election
on the same application. If an [The timeliness of the application
for both elections is determined in relation to the main election.
However, if the] application for the main election and any
resulting runoff is not timely for the main election, it will be
considered timely for any resulting runoff if received not later
than the deadline, determined using the date of the runoff
election, for submitting a regular application for a ballot to be
voted by mail [the timeliness of the application for the runoff
election is determined in relation to that election].
SECTION 2. Section 84.004(a), Election Code, is amended to
read as follows:
(a) A person commits an offense if:
(1) [, in the same election,] the person signs an
[early voting ballot] application for a ballot to be voted by mail
as a witness for more than one applicant in the same election; or
(2) the person signs an annual application for a
ballot to be voted by mail as a witness for more than one applicant
in the same calendar year.
SECTION 3. Section 84.007(c), Election Code, is amended to
read as follows:
(c) Except as provided by Section 86.0015, an [An]
application must be submitted on or after the 60th day before
election day and before the close of regular business in the early
voting clerk's office or 12 noon, whichever is later, on the 11th
[ninth] day before election day unless that day is a Saturday,
Sunday, or legal state or national holiday, in which case the last
day is the first preceding regular business day.
SECTION 4. 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) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
annual application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) [(G)] a statement informing the applicant of
the condition prescribed by Section 81.005; and
(I) [(H)] a statement informing the applicant of
the requirement prescribed by Section 86.003(c).
SECTION 5. The heading to Section 86.0015, Election Code,
is amended to read as follows:
Sec. 86.0015. ANNUAL [APPLYING FOR MORE THAN ONE ELECTION
IN SAME] APPLICATION FOR BALLOT BY MAIL.
SECTION 6. Section 86.0015, Election Code, is amended by
amending Subsections (a) and (b) and adding Subsections (b-1),
(b-2), and (e) to read as follows:
(a) This section applies only to an application for a ballot
to be voted by mail that:
(1) is submitted to the county clerk indicating the
ground of eligibility is age or disability; and
(2) does not specify the election for which a ballot is
requested or has been marked by the applicant as an annual
application.
(b) An application described by Subsection (a) is
considered to be an application for a ballot for each election in
which the county clerk serves as early voting clerk and:
(1) in which the applicant is eligible to vote; and
(2) that occurs before the earlier of:
(A) except as provided by Subsection (b-1), the
end of the calendar year in which the application was submitted;
[or]
(B) the date the county clerk receives notice
from the voter registrar [under Subsection (d)] that the voter has
submitted a change in registration information relating to the
voter's registration address; or
(C) the date the voter's registration is
canceled.
(b-1) An application submitted under this section must be
submitted before the close of regular business in the early voting
clerk's office or 12 noon, whichever is later, on the 11th day
before election day unless that day is a Saturday, Sunday, or legal
state or national holiday, in which case the last day is the first
preceding regular business day.
(b-2) An application is considered to be submitted in the
following calendar year for purposes of this section if:
(1) the applicant is eligible to vote in an election
occurring in January or February of the next calendar year; and
(2) the application is submitted in the last 60 days of
a calendar year but not earlier than the 60th day before the date of
the January or February election.
(e) The early voting clerk shall notify a voter if the voter
is found to be no longer eligible for a ballot by mail under this
section for a reason described by Subsection (b)(2)(B) or (C).
SECTION 7. Not later than January 1, 2016, the secretary of
state shall make the modifications to the official application form
for a ballot to be voted early by mail, as required by Section
84.011(a), Election Code, as modified by this Act.
SECTION 8. This Act applies only to an application for a
ballot to be voted by mail submitted on or after January 1, 2016.
SECTION 9. 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.