Texas 2015 - 84th Regular

Texas Senate Bill SB86 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R606 ATP-D
2	2	By: Ellis S.B. No. 86
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to early voting by mail by any qualified voter.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 13.002(e), Election Code, is amended to
10	10	read as follows:
11	11	(e) Notwithstanding Section 82.005, a [A] person who is
12	12	certified for participation in the address confidentiality program
13	13	administered by the attorney general under Subchapter C, Chapter
14	14	56, Code of Criminal Procedure, is not eligible for early voting by
15	15	mail [under Section 82.007] unless the person submits an
16	16	application under this section by personal delivery. The secretary
17	17	of state may adopt rules to implement this subsection.
18	18	SECTION 2. Section 82.005, Election Code, is amended to
19	19	read as follows:
20	20	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
21	21	APPEARANCE]. Any qualified voter is eligible for early voting by
22	22	mail or personal appearance.
23	23	SECTION 3. Section 82.007, Election Code, is amended to
24	24	read as follows:
25	25	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
26	26	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
27	27	who, [is eligible for early voting by mail if:
28	28	[(1) the voter submitted a registration application by
29	29	personal delivery as required by Section 13.002(e); and
30	30	[(2)] at the time the voter's early voting ballot
31	31	application is submitted, [the voter] is certified for
32	32	participation in the address confidentiality program administered
33	33	by the attorney general under Subchapter C, Chapter 56, Code of
34	34	Criminal Procedure, is eligible for early voting by mail only if the
35	35	voter submitted a registration application by personal delivery as
36	36	required by Section 13.002(e).
37	37	SECTION 4. Section 84.001(a), Election Code, is amended to
38	38	read as follows:
39	39	(a) To be entitled to vote an early voting ballot by mail, a
40	40	person [who is eligible for early voting] must make an application
41	41	for an early voting ballot to be voted by mail as provided by this
42	42	title.
43	43	SECTION 5. Section 84.002(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) An early voting ballot application must include:
46	46	(1) the applicant's name and the address at which the
47	47	applicant is registered to vote;
48	48	(2) for an application for a ballot to be voted by mail
49	49	by an applicant who will be absent from the applicant's [on the
50	50	ground of absence from the] county of residence on election day, the
51	51	address outside the applicant's county of residence to which the
52	52	ballot is to be mailed;
53	53	(3) for an application for a ballot to be voted by mail
54	54	by an applicant who is 65 years of age or older on election day or
55	55	has a sickness or physical condition that requires the applicant to
56	56	reside in a hospital or nursing home or other long-term care
57	57	facility, or with a relative [on the ground of age or disability],
58	58	the address of the hospital, nursing home or other long-term care
59	59	facility, or retirement center, or of a person related to the
60	60	applicant within the second degree by affinity or the third degree
61	61	by consanguinity, as determined under Chapter 573, Government Code,
62	62	if the applicant is living at that address and that address is
63	63	different from the address at which the applicant is registered to
64	64	vote;
65	65	(4) for an application for a ballot to be voted by mail
66	66	by an applicant who is confined [on the ground of confinement] in
67	67	jail as described by Section 84.009(a), the address of the jail or
68	68	of a person related to the applicant within the degree described by
69	69	Subdivision (3); and
70	70	(5) [for an application for a ballot to be voted by
71	71	mail on any ground,] an indication of each election for which the
72	72	applicant is applying for a ballot[; and
73	73	[(6) an indication of the ground of eligibility for
74	74	early voting].
75	75	SECTION 6. Section 84.009, Election Code, is amended by
76	76	amending Subsection (a) and adding Subsection (a-1) to read as
77	77	follows:
78	78	(a) This section applies only to an applicant who, at the
79	79	time the application for a ballot to be voted by mail is submitted,
80	80	is confined in jail:
81	81	(1) serving a misdemeanor sentence for a term that
82	82	ends on or after election day;
83	83	(2) pending trial after denial of bail;
84	84	(3) without bail pending an appeal of a felony
85	85	conviction; or
86	86	(4) pending trial or appeal on a bailable offense for
87	87	which release on bail before election day is unlikely.
88	88	(a-1) On request of the applicant, an application for a
89	89	ballot to be voted by mail [on the ground of confinement in jail]
90	90	may be submitted to the early voting clerk, at the discretion of the
91	91	authority in charge of the jail, by personal delivery by the jail
92	92	authority or by a designated subordinate of the authority.
93	93	SECTION 7. Section 84.011(a), Election Code, is amended to
94	94	read as follows:
95	95	(a) The officially prescribed application form for an early
96	96	voting ballot must include:
97	97	(1) immediately preceding the signature space the
98	98	statement: "I certify that the information given in this
99	99	application is true, and I understand that giving false information
100	100	in this application is a crime.";
101	101	(2) a statement informing the applicant of the
102	102	offenses prescribed by Sections 84.003 and 84.004;
103	103	(3) spaces for entering an applicant's voter
104	104	registration number and county election precinct of registration,
105	105	with a statement informing the applicant that failure to furnish
106	106	that information does not invalidate the application; and
107	107	(4) on an application for a ballot to be voted by mail:
108	108	(A) a space for an applicant [applying on the
109	109	ground of absence from the county of residence] to indicate whether
110	110	the applicant will be absent from the applicant's county of
111	111	residence on election day and, if applicable, the date on or after
112	112	which the applicant can receive mail at the address outside the
113	113	county;
114	114	(B) a space for indicating the fact that an
115	115	applicant whose application is signed by a witness cannot make the
116	116	applicant's mark and a space for indicating the relationship or
117	117	lack of relationship of the witness to the applicant;
118	118	(C) a space for entering an applicant's telephone
119	119	number, with a statement informing the applicant that failure to
120	120	furnish that information does not invalidate the application;
121	121	(D) a space or box for an applicant who is 65
122	122	years of age or older on election day or has a sickness or physical
123	123	condition that requires the applicant to reside in a hospital or
124	124	nursing home or other long-term care facility, or with a relative,
125	125	[applying on the ground of age or disability] to indicate that the
126	126	address to which the ballot is to be mailed is the address of a
127	127	facility or relative described by Section 84.002(a)(3), if
128	128	applicable;
129	129	(E) a space or box for an applicant confined
130	130	[applying on the ground of confinement] in jail as described by
131	131	Section 84.009(a) to indicate that the address to which the ballot
132	132	is to be mailed is the address of a relative described by Section
133	133	84.002(a)(4), if applicable;
134	134	(F) spaces for entering the signature, printed
135	135	name, and residence address of any person assisting the applicant;
136	136	(G) a statement informing the applicant of the
137	137	condition prescribed by Section 81.005; and
138	138	(H) a statement informing the applicant of the
139	139	requirement prescribed by Section 86.003(c).
140	140	SECTION 8. Sections 86.001(b) and (c), Election Code, are
141	141	amended to read as follows:
142	142	(b) If the application complies with the applicable
143	143	requirements prescribed by this title [applicant is entitled to
144	144	vote an early voting ballot by mail], the clerk shall provide an
145	145	official ballot to the applicant as provided by this chapter.
146	146	(c) Except as provided by Section 86.008, if the applicant
147	147	is not entitled to vote in the election [by mail], the clerk shall
148	148	reject the application, enter on the application "rejected" and the
149	149	reason for and date of rejection, and deliver written notice of the
150	150	reason for the rejection to the applicant at both the residence
151	151	address and mailing address on the application. A ballot may not be
152	152	provided to an applicant whose application is rejected.
153	153	SECTION 9. Section 86.003(c), Election Code, is amended to
154	154	read as follows:
155	155	(c) The address to which the balloting materials must be
156	156	addressed is the address at which the voter is registered to vote,
157	157	or the registered mailing address if different, unless the
158	158	application to vote early by mail indicates that the voter [ground
159	159	for voting by mail is]:
160	160	(1) will be absent from the voter's [absence from the]
161	161	county of residence on election day, in which case the address must
162	162	be an address outside the voter's county of residence;
163	163	(2) is confined [confinement] in jail as described by
164	164	Section 84.009(a), in which case the address must be the address of
165	165	the jail or of a relative described by Section 84.002(a)(4); or
166	166	(3) is 65 years of age or older on election day or has a
167	167	sickness or physical condition that requires the applicant to
168	168	reside in a hospital or nursing home or other long-term care
169	169	facility, or with a relative, [age or disability] and [the voter] is
170	170	living at a hospital, nursing home or other long-term care
171	171	facility, or retirement center, or with a relative described by
172	172	Section 84.002(a)(3), in which case the address must be the address
173	173	of that facility or relative.
174	174	SECTION 10. Section 86.004(b), Election Code, is amended to
175	175	read as follows:
176	176	(b) For an election to which Section 101.104 applies, the
177	177	balloting materials for a voter who indicates on the application
178	178	for a ballot to be voted by mail or the federal postcard application
179	179	that the voter seeks [is eligible] to vote early by mail as a
180	180	consequence of the voter's being outside the United States shall be
181	181	mailed on or before the later of the 45th day before election day or
182	182	the seventh calendar day after the date the clerk receives the
183	183	application. However, if it is not possible to mail the ballots by
184	184	the deadline of the 45th day before election day, the clerk shall
185	185	notify the secretary of state within 24 hours of knowing that the
186	186	deadline will not be met. The secretary of state shall monitor the
187	187	situation and advise the clerk, who shall mail the ballots as soon
188	188	as possible in accordance with the secretary of state's guidelines.
189	189	SECTION 11. Section 87.041(b), Election Code, is amended to
190	190	read as follows:
191	191	(b) A ballot may be accepted only if:
192	192	(1) the carrier envelope certificate is properly
193	193	executed;
194	194	(2) neither the voter's signature on the ballot
195	195	application nor the signature on the carrier envelope certificate
196	196	is determined to have been executed by a person other than the
197	197	voter, unless signed by a witness;
198	198	(3) [the voter's ballot application states a legal
199	199	ground for early voting by mail;
200	200	[(4)] the voter is registered to vote, if registration
201	201	is required by law;
202	202	(4) [(5) the address to which the ballot was mailed to
203	203	the voter, as indicated by the application, was outside the voter's
204	204	county of residence, if the ground for early voting is absence from
205	205	the county of residence;
206	206	[(6)] for a voter to whom a statement of residence form
207	207	was required to be sent under Section 86.002(a), the statement of
208	208	residence is returned in the carrier envelope and indicates that
209	209	the voter satisfies the residence requirements prescribed by
210	210	Section 63.0011; and
211	211	(5) [(7)] the address to which the ballot was mailed
212	212	to the voter is an address [that is otherwise] required by Sections
213	213	84.002 and 86.003.
214	214	SECTION 12. Section 102.001(a), Election Code, is amended
215	215	to read as follows:
216	216	(a) A qualified voter is eligible to vote a late ballot as
217	217	provided by this chapter if the voter has a sickness or physical
218	218	condition [described by Section 82.002] that prevents the voter
219	219	from appearing at the polling place on election day without a
220	220	likelihood of needing personal assistance or of injuring the
221	221	voter's health and originates on or after the day before the last
222	222	day for submitting an application for a ballot to be voted by mail.
223	223	SECTION 13. Sections 82.001, 82.002, 82.003, 82.004,
224	224	84.002(b), and 112.002(b), Election Code, are repealed.
225	225	SECTION 14. The changes in law made by this Act apply only
226	226	to an election ordered on or after September 1, 2015.
227	227	SECTION 15. This Act takes effect September 1, 2015.