Texas 2015 - 84th Regular

Texas House Bill HB3056 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		84R18421 ADM-F
2	2		By: Reynolds, et al. H.B. No. 3056
3		-	Substitute the following for H.B. No. 3056:
4		-	By: Schofield C.S.H.B. No. 3056
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the procedures for applying for a ballot to be voted by
10	8		mail; affecting the prosecution of a criminal offense.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Section 84.001(e), Election Code, is amended to
13	11		read as follows:
14	12		(e) An applicant for a ballot to be voted by mail may apply
15	13		for ballots for the main election and any resulting runoff election
16	14		on the same application. If an [The timeliness of the application
17	15		for both elections is determined in relation to the main election.
18	16		However, if the] application for the main election and any
19	17		resulting runoff is not timely for the main election, it will be
20	18		considered timely for any resulting runoff if received not later
21	19		than the deadline, determined using the date of the runoff
22	20		election, for submitting a regular application for a ballot to be
23	21		voted by mail [the timeliness of the application for the runoff
24	22		election is determined in relation to that election].
25	23		SECTION 2. Section 84.004(a), Election Code, is amended to
26	24		read as follows:
27	25		(a) A person commits an offense if:
28	26		(1) [, in the same election,] the person signs an
29	27		[early voting ballot] application for a ballot to be voted by mail
30	28		as a witness for more than one applicant in the same election; or
31	29		(2) the person signs an annual application for a
32	30		ballot to be voted by mail as a witness for more than one applicant
33	31		in the same calendar year.
34	32		SECTION 3. Section 84.007(c), Election Code, is amended to
35	33		read as follows:
36	34		(c) Except as provided by Section 86.0015, an [An]
37	35		application must be submitted on or after the 60th day before
38	36		election day and before the close of regular business in the early
39	37		voting clerk's office or 12 noon, whichever is later, on the 11th
40	38		[ninth] day before election day unless that day is a Saturday,
41	39		Sunday, or legal state or national holiday, in which case the last
42	40		day is the first preceding regular business day.
43	41		SECTION 4. Section 84.011(a), Election Code, is amended to
44	42		read as follows:
45	43		(a) The officially prescribed application form for an early
46	44		voting ballot must include:
47	45		(1) immediately preceding the signature space the
48	46		statement: "I certify that the information given in this
49	47		application is true, and I understand that giving false information
50	48		in this application is a crime.";
51	49		(2) a statement informing the applicant of the
52	50		offenses prescribed by Sections 84.003 and 84.004;
53	51		(3) spaces for entering an applicant's voter
54	52		registration number and county election precinct of registration,
55	53		with a statement informing the applicant that failure to furnish
56	54		that information does not invalidate the application; and
57	55		(4) on an application for a ballot to be voted by mail:
58	56		(A) a space for an applicant applying on the
59	57		ground of absence from the county of residence to indicate the date
60	58		on or after which the applicant can receive mail at the address
61	59		outside the county;
62	60		(B) a space for indicating the fact that an
63	61		applicant whose application is signed by a witness cannot make the
64	62		applicant's mark and a space for indicating the relationship or
65	63		lack of relationship of the witness to the applicant;
66	64		(C) a space for entering an applicant's telephone
67	65		number, with a statement informing the applicant that failure to
68	66		furnish that information does not invalidate the application;
69	67		(D) a space or box for an applicant applying on
70	68		the ground of age or disability to indicate that the address to
71	69		which the ballot is to be mailed is the address of a facility or
72	70		relative described by Section 84.002(a)(3), if applicable;
73	71		(E) a space or box for an applicant applying on
74	72		the ground of confinement in jail to indicate that the address to
75	73		which the ballot is to be mailed is the address of a relative
76	74		described by Section 84.002(a)(4), if applicable;
77	75		(F) a space for an applicant applying on the
78	76		ground of age or disability to indicate if the application is an
79	77		annual application under Section 86.0015;
80	78		(G) spaces for entering the signature, printed
81	79		name, and residence address of any person assisting the applicant;
82	80		(H) [(G)] a statement informing the applicant of
83	81		the condition prescribed by Section 81.005; and
84	82		(I) [(H)] a statement informing the applicant of
85	83		the requirement prescribed by Section 86.003(c).
86	84		SECTION 5. The heading to Section 86.0015, Election Code,
87	85		is amended to read as follows:
88	86		Sec. 86.0015. ANNUAL [APPLYING FOR MORE THAN ONE ELECTION
89	87		IN SAME] APPLICATION FOR BALLOT BY MAIL.
90	88		SECTION 6. Section 86.0015, Election Code, is amended by
91	89		amending Subsections (a) and (b) and adding Subsections (b-1),
92	90		(b-2), and (e) to read as follows:
93	91		(a) This section applies only to an application for a ballot
94	92		to be voted by mail that:
95	93		(1) is submitted to the county clerk indicating the
96	94		ground of eligibility is age or disability; and
97	95		(2) does not specify the election for which a ballot is
98	96		requested or has been marked by the applicant as an annual
99	97		application.
100	98		(b) An application described by Subsection (a) is
101	99		considered to be an application for a ballot for each election in
102	100		which the county clerk serves as early voting clerk and:
103	101		(1) in which the applicant is eligible to vote; and
104	102		(2) that occurs before the earlier of:
105	103		(A) except as provided by Subsection (b-1), the
106	104		end of the calendar year in which the application was submitted;
107	105		[or]
108	106		(B) the date the county clerk receives notice
109	107		from the voter registrar [under Subsection (d)] that the voter has
110	108		submitted a change in registration information relating to the
111	109		voter's registration address; or
112	110		(C) the date the voter's registration is
113	111		canceled.
114	112		(b-1) An application submitted under this section must be
115	113		submitted before the close of regular business in the early voting
116	114		clerk's office or 12 noon, whichever is later, on the 11th day
117	115		before election day unless that day is a Saturday, Sunday, or legal
118	116		state or national holiday, in which case the last day is the first
119	117		preceding regular business day.
120	118		(b-2) An application is considered to be submitted in the
121	119		following calendar year for purposes of this section if:
122	120		(1) the applicant is eligible to vote in an election
123	121		occurring in January or February of the next calendar year; and
124	122		(2) the application is submitted in the last 60 days of
125	123		a calendar year but not earlier than the 60th day before the date of
126	124		the January or February election.
127	125		(e) The early voting clerk shall notify a voter if the voter
128	126		is found to be no longer eligible for a ballot by mail under this
129	127		section for a reason described by Subsection (b)(2)(B) or (C).
130	128		SECTION 7. Not later than January 1, 2016, the secretary of
131	129		state shall make the modifications to the official application form
132	130		for a ballot to be voted early by mail, as required by Section
133	131		84.011(a), Election Code, as modified by this Act.
134	132		SECTION 8. This Act applies only to an application for a
135	133		ballot to be voted by mail submitted on or after January 1, 2016.
136	134		SECTION 9. This Act takes effect immediately if it receives
137	135		a vote of two-thirds of all the members elected to each house, as
138	136		provided by Section 39, Article III, Texas Constitution. If this
139	137		Act does not receive the vote necessary for immediate effect, this
140	138		Act takes effect September 1, 2015.