Texas 2017 - 85th Regular

Texas House Bill HB3060 Compare Versions

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11 85R11826 ADM-F
22 By: Hinojosa H.B. No. 3060
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to an opportunity to correct a defect in an early voting
88 ballot voted by mail.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subchapter B, Chapter 87, Election Code, is
1111 amended by adding Section 87.0271 to read as follows:
1212 Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
1313 VERIFICATION COMMITTEE. (a) This section applies to an early
1414 voting ballot voted by mail:
1515 (1) for which the voter did not sign the carrier
1616 envelope certificate;
1717 (2) for which it cannot immediately be determined
1818 whether the signature on the carrier envelope certificate is that
1919 of the voter; or
2020 (3) containing incomplete information with respect to
2121 a witness.
2222 (b) Before deciding whether to accept or reject a ballot
2323 under Section 87.027, the signature verification committee shall
2424 immediately contact the voter or witness, as appropriate, to advise
2525 the voter or witness of the defect and provide an opportunity to
2626 correct the defect.
2727 (c) Subsection (b) does not apply if the signature
2828 verification committee determines that it would be impossible to
2929 correct the defect prior to the time the polls are required to close
3030 on election day.
3131 (d) The chair of the signature verification committee may
3232 appoint two committee members to take the defective ballot to the
3333 address of the voter or witness, as appropriate, to provide the
3434 voter or witness with an opportunity to correct the defect.
3535 (e) If possible, of the two members appointed under
3636 Subsection (d):
3737 (1) one must be a member of the party that received the
3838 greatest number of votes in the most recent gubernatorial election;
3939 and
4040 (2) one must be a member of the party that received the
4141 second greatest number of votes in the most recent gubernatorial
4242 election.
4343 SECTION 2. Subchapter C, Chapter 87, Election Code, is
4444 amended by adding Section 87.0411 to read as follows:
4545 Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
4646 BALLOT BOARD. (a) This section applies to an early voting ballot
4747 voted by mail:
4848 (1) for which the voter did not sign the carrier
4949 envelope certificate;
5050 (2) for which it cannot immediately be determined
5151 whether the signature on the carrier envelope certificate is that
5252 of the voter; or
5353 (3) containing incomplete information with respect to
5454 a witness.
5555 (b) Before deciding whether to accept or reject a ballot
5656 under Section 87.041, the early voting ballot board shall
5757 immediately contact the voter or witness, as appropriate, to advise
5858 the voter or witness of the defect and provide an opportunity to
5959 correct the defect.
6060 (c) Subsection (b) does not apply if the early voting ballot
6161 board determines that it would be impossible to correct the defect
6262 prior to the time the polls are required to close on election day.
6363 (d) The presiding judge of the early voting ballot board may
6464 appoint two ballot board members to take the defective ballot to the
6565 address of the voter or witness, as appropriate, to provide the
6666 voter or witness with an opportunity to correct the defect.
6767 (e) If possible, of the two members appointed under
6868 Subsection (d):
6969 (1) one must be a member of the party that received the
7070 greatest number of votes in the most recent gubernatorial election;
7171 and
7272 (2) one must be a member of the party that received the
7373 second greatest number of votes in the most recent gubernatorial
7474 election.
7575 SECTION 3. This Act takes effect September 1, 2017.