85R11826 ADM-F
By: Hinojosa H.B. No. 3060
A BILL TO BE ENTITLED
AN ACT
relating to an opportunity to correct a defect in an early voting
ballot voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section applies to an early
voting ballot voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter; or
(3) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a ballot
under Section 87.027, the signature verification committee shall
immediately contact the voter or witness, as appropriate, to advise
the voter or witness of the defect and provide an opportunity to
correct the defect.
(c) Subsection (b) does not apply if the signature
verification committee determines that it would be impossible to
correct the defect prior to the time the polls are required to close
on election day.
(d) The chair of the signature verification committee may
appoint two committee members to take the defective ballot to the
address of the voter or witness, as appropriate, to provide the
voter or witness with an opportunity to correct the defect.
(e) If possible, of the two members appointed under
Subsection (d):
(1) one must be a member of the party that received the
greatest number of votes in the most recent gubernatorial election;
and
(2) one must be a member of the party that received the
second greatest number of votes in the most recent gubernatorial
election.
SECTION 2. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section applies to an early voting ballot
voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter; or
(3) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a ballot
under Section 87.041, the early voting ballot board shall
immediately contact the voter or witness, as appropriate, to advise
the voter or witness of the defect and provide an opportunity to
correct the defect.
(c) Subsection (b) does not apply if the early voting ballot
board determines that it would be impossible to correct the defect
prior to the time the polls are required to close on election day.
(d) The presiding judge of the early voting ballot board may
appoint two ballot board members to take the defective ballot to the
address of the voter or witness, as appropriate, to provide the
voter or witness with an opportunity to correct the defect.
(e) If possible, of the two members appointed under
Subsection (d):
(1) one must be a member of the party that received the
greatest number of votes in the most recent gubernatorial election;
and
(2) one must be a member of the party that received the
second greatest number of votes in the most recent gubernatorial
election.
SECTION 3. This Act takes effect September 1, 2017.