Texas 2017 - 85th Regular

Texas House Bill HB3464 Compare Versions

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

Old	New	Differences
1	1	85R11829 SRS-D
2	2	By: Schofield H.B. No. 3464
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to early in-person voting by voters who reside at a
8	8	residential care facility.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 84.002(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) An early voting ballot application must include:
13	13	(1) the applicant's name and the address at which the
14	14	applicant is registered to vote;
15	15	(2) for an application for a ballot to be voted by mail
16	16	on the ground of absence from the county of residence, the address
17	17	outside the applicant's county of residence to which the ballot is
18	18	to be mailed;
19	19	(3) for an application for a ballot to be voted by mail
20	20	on the ground of age or disability, the address of:
21	21	(A) the hospital, nursing home or other long-term
22	22	care facility, or retirement center, if the applicant is living at
23	23	that address and that address is different from the address at which
24	24	the applicant is registered to vote; or
25	25	(B) [of] a person related to the applicant within
26	26	the second degree by affinity or the third degree by consanguinity,
27	27	as determined under Chapter 573, Government Code, if the applicant
28	28	is not living in a residential care facility, as defined by Section
29	29	107.002, and is living at that address and that address is different
30	30	from the address at which the applicant is registered to vote;
31	31	(4) for an application for a ballot to be voted by mail
32	32	on the ground of confinement in jail, the address of the jail or of a
33	33	person related to the applicant within the degree described by
34	34	Subdivision (3);
35	35	(5) for an application for a ballot to be voted by mail
36	36	on any ground, an indication of each election for which the
37	37	applicant is applying for a ballot; and
38	38	(6) an indication of the ground of eligibility for
39	39	early voting.
40	40	SECTION 2. Section 86.003, Election Code, is amended by
41	41	amending Subsections (a), (b), and (c) and adding Subsection (e) to
42	42	read as follows:
43	43	(a) The balloting materials for voting by mail shall be
44	44	provided to the voter by mail, unless the ballot is delivered to a
45	45	voter for early voting under Chapter 107. A ballot provided by any
46	46	other method may not be counted.
47	47	(b) Subject to Subsection (c), the balloting materials
48	48	shall be addressed to the applicable address specified in the
49	49	voter's application. The election officer providing the ballot may
50	50	not knowingly deliver [mail] the materials to an address other than
51	51	that prescribed by this section.
52	52	(c) The address to which the balloting materials must be
53	53	addressed is the address at which the voter is registered to vote,
54	54	or the registered mailing address if different, unless the ground
55	55	for voting by mail is:
56	56	(1) absence from the county of residence, in which
57	57	case the address must be an address outside the voter's county of
58	58	residence;
59	59	(2) confinement in jail, in which case the address
60	60	must be the address of the jail or of a relative described by
61	61	Section 84.002(a)(4); [or]
62	62	(3) age or disability and the voter is living at a
63	63	hospital, nursing home or other long-term care facility, or
64	64	retirement center, other than a residential care facility as
65	65	defined by Section 107.002, or with a relative described by Section
66	66	84.002(a)(3)(B) [84.002(a)(3)], in which case the address must be
67	67	the address of that facility or relative; or
68	68	(4) age or disability and the voter is living in a
69	69	residential care facility as defined by Section 107.002, in which
70	70	case the address must be the address of the facility.
71	71	(e) A voter who makes an application to vote early by mail on
72	72	the grounds of age or disability requesting that the ballot be sent
73	73	to the address of a residential care facility, as defined by Chapter
74	74	107, is required to vote as provided by that chapter if a
75	75	significant number, as determined by the early voting clerk, of
76	76	applications for ballots to be voted by mail are made by residents
77	77	of the same facility who request that the ballots be sent to that
78	78	facility. The early voting clerk shall determine how many
79	79	applications constitute a significant number.
80	80	SECTION 3. Section 86.004, Election Code, is amended by
81	81	amending Subsection (a) and adding Subsection (c) to read as
82	82	follows:
83	83	(a) Except as provided by Subsection (b) or (c), the
84	84	balloting materials for voting by mail shall be mailed to a voter
85	85	entitled to vote by mail not later than the seventh calendar day
86	86	after the later of the date the clerk accepts the voter's
87	87	application for a ballot to be voted by mail or the date the ballots
88	88	become available for mailing, except that if that mailing date is
89	89	earlier than the 45th day before election day, the balloting
90	90	materials shall be mailed not later than the 38th day before
91	91	election day.
92	92	(c) An application to vote early by mail on the grounds of
93	93	age or disability requesting that the ballot be sent to the address
94	94	of a residential care facility, as defined by Chapter 107, shall be
95	95	held until the earlier of:
96	96	(1) the date on which a significant number, as
97	97	determined by the early voting clerk, of applications for ballots
98	98	to be voted by mail made by residents of the same facility who
99	99	request that the ballots be sent to that facility have been
100	100	received, in which case ballots may not be mailed to the voters and
101	101	voting shall be conducted under Chapter 107; or
102	102	(2) the last day on which an application for a ballot
103	103	to be voted by mail may be received, after which the ballot shall
104	104	promptly be mailed to the voter.
105	105	SECTION 4. Subtitle B, Title 7, Election Code, is amended by
106	106	adding Chapter 107 to read as follows:
107	107	CHAPTER 107. EARLY VOTING AT A RESIDENTIAL CARE FACILITY
108	108	Sec. 107.001. PURPOSE. This chapter is enacted to
109	109	facilitate voting in a hospital, nursing home, other long-term care
110	110	facility, or retirement center in which a significant number of
111	111	occupants, patients, or residents lack adequate transportation to
112	112	an appropriate polling place, need assistance in voting, are 65
113	113	years of age or older or are disabled, or are indefinitely confined.
114	114	Sec. 107.002. DEFINITION. In this chapter, "residential
115	115	care facility" means a facility licensed and regulated under
116	116	Chapter 241, 242, 246, 247, or 248, Health and Safety Code, or
117	117	Chapter 105, Human Resources Code.
118	118	Sec. 107.003. APPLICABILITY OF EARLY VOTING BY PERSONAL
119	119	APPEARANCE PROVISIONS. To the extent applicable and not in
120	120	conflict with this chapter, Chapter 85 applies to voting at a
121	121	residential care facility under this chapter.
122	122	Sec. 107.004. EARLY VOTING AT RESIDENTIAL CARE FACILITY
123	123	REQUIRED. A voter residing in a residential care facility who has
124	124	applied to vote early by mail on the grounds of age or disability
125	125	and who requested that the ballot be sent to the address of the
126	126	facility must vote as provided by this chapter if a significant
127	127	number, as determined by the early voting clerk, of applications
128	128	for ballots to be voted by mail were made by residents of the same
129	129	facility who requested that the ballots be sent to the facility.
130	130	Sec. 107.005. ELECTION JUDGES; QUALIFICATIONS; OATH. (a)
131	131	Election judges shall be selected to serve at a residential care
132	132	facility in the same manner as election judges are selected to serve
133	133	at a polling place for early voting by personal appearance.
134	134	(b) An election judge serving at a residential care facility
135	135	may be a volunteer or an employee of the authority conducting the
136	136	election or compensated by the authority conducting the election in
137	137	the same manner as an election judge for a polling place for early
138	138	voting by personal appearance.
139	139	(c) A person may not serve as an election judge for a
140	140	residential care facility if:
141	141	(1) at any time during the two years preceding the
142	142	election, the person has been employed or retained at a residential
143	143	care facility in the county where the person seeks to serve as an
144	144	election judge; or
145	145	(2) the person is related to a person within the second
146	146	degree by affinity or within the third degree by consanguinity, as
147	147	determined under Chapter 573, Government Code, who resides in a
148	148	residential care facility and is a registered voter.
149	149	(d) Before beginning the duties of an election judge under
150	150	this chapter, each individual appointed to serve as an election
151	151	judge at a residential care facility shall sign and date this oath:
152	152	I swear (or affirm) that I will not in any manner request or
153	153	seek to persuade or induce any voter to vote for or against any
154	154	candidate or measure to be voted on, and that I will faithfully
155	155	perform my duty as an officer of the election and guard the purity
156	156	of the election.
157	157	I have read the statutes and training materials provided and
158	158	will conduct this election accordingly.
159	159	I understand that failing to follow procedures exactly may
160	160	result in invalidation of the voter's ballot.
161	161	I will not unduly influence or pressure a person to
162	162	participate or cast a ballot in the election.
163	163	I will not influence the choice of a voter to choose a
164	164	particular primary ballot, vote in a particular race or election,
165	165	or vote on a particular proposition.
166	166	Signed this ___ day of ____, 20__.
167	167	Sec. 107.006. VOTING LOCATION. (a) The administrator of
168	168	the residential care facility shall make available an area located
169	169	in a common area of the facility for the purposes of voting under
170	170	this chapter. The area shall allow a voter to cast a secret ballot.
171	171	(b) The facility administrator shall allow posting of
172	172	required notices during the period that voting is conducted under
173	173	this chapter.
174	174	(c) An election judge may enter the private room of a voter
175	175	who requests that balloting materials be brought to the voter.
176	176	Sec. 107.007. NOTICE OF ELECTION IN RESIDENTIAL CARE
177	177	FACILITY; DETERMINATION OF TIME FOR VOTING. (a) If early voting at
178	178	a residential care facility is required under this chapter, the
179	179	early voting clerk shall give notice that early voting will occur at
180	180	the facility and appoint election judges for the purpose of
181	181	conducting voting under this chapter.
182	182	(b) Not later than 5 p.m. on the ninth business day before
183	183	election day, the election judges shall, with the input of the
184	184	administrator of the residential care facility, designate one or
185	185	more times for voting to be conducted. Voting may be conducted not
186	186	earlier than the seventh day before election day and not later than
187	187	the fourth day before election day.
188	188	(c) An election judge for a residential care facility shall
189	189	post notice of the time or times for conducting the election at the
190	190	facility as soon as practicable after determining the time and not
191	191	later than the fifth day before the first day on which voting will
192	192	be conducted at the facility.
193	193	(d) The early voting clerk shall maintain a public list of
194	194	all residential care facilities in the clerk's jurisdiction at
195	195	which voting is conducted under this chapter. The list must be
196	196	available on the website of the authority conducting the election
197	197	or posted at the location where public notices are posted in the
198	198	county courthouse or authority public building, as applicable, and
199	199	for each facility state:
200	200	(1) the name of the facility;
201	201	(2) the address of the facility;
202	202	(3) the dates and times for voting at the facility; and
203	203	(4) the names of the election judges for the facility.
204	204	Sec. 107.008. CONDUCT OF ELECTION. (a) In an election
205	205	conducted under this chapter, the early voting clerk shall deliver
206	206	to the election judges for a residential care facility the
207	207	balloting materials for any qualified voters who have requested a
208	208	mail ballot for an election that would have been otherwise mailed to
209	209	the voter at the facility under Chapter 86.
210	210	(b) The election judges for a residential care facility
211	211	shall deliver the balloting materials to the voter at the facility.
212	212	(c) The voter shall mark and seal the ballot in the same
213	213	manner as a voter voting under Chapter 86.
214	214	(d) Both election judges for the residential care facility
215	215	shall sign the carrier envelope as witnesses. In the space for the
216	216	address of the witness, each election judge shall write in
217	217	"Residential Care Facility Election Judge."
218	218	(e) The election judges shall accept the carrier envelope
219	219	and place the envelope in a secure bag or ballot container for
220	220	transport to the early voting clerk's office.
221	221	(f) Ballots voted at a residential care facility shall be
222	222	processed for counting in the manner provided by Chapter 86 for a
223	223	ballot voted by mail.
224	224	Sec. 107.009. VOTING BY ADDITIONAL QUALIFIED VOTERS. (a)
225	225	The early voting clerk shall produce a list of all additional
226	226	qualified voters who reside at a residential care facility where
227	227	voting is conducted under this chapter.
228	228	(b) The clerk shall supply the election judges for the
229	229	residential care facility with a reasonable number of additional
230	230	ballots and voting materials to allow additional qualified voters
231	231	who reside at the facility to vote under this chapter. During the
232	232	voting period, any registered voter who resides at the facility may
233	233	complete an application to request a mail ballot as if they were
234	234	voting by mail. An election judge for the facility shall serve as a
235	235	witness for any person who is unable to sign their name and may
236	236	witness multiple applications.
237	237	(c) An election judge for the residential care facility must
238	238	accept a properly completed application for a ballot made under
239	239	this section, and shall provide a ballot to the voter. The election
240	240	judge shall make a notation on an application that it was made under
241	241	this section.
242	242	(d) A voter who applies for a ballot under this section
243	243	shall vote in the manner provided by Section 107.008, except that
244	244	the voter's ballot must be stored with the voter's application, and
245	245	the voter's ballot may not be counted if the voter was not a
246	246	qualified voter for the election as demonstrated from the
247	247	information contained in the voter's application.
248	248	Sec. 107.010. RETENTION OF RECORDS. (a) The election
249	249	judges for the residential care facility shall record the number of
250	250	ballots voted. Both of the election judges for each facility and
251	251	the early voting clerk shall sign and attest to the number of
252	252	ballots issued.
253	253	(b) On completion of voting under this chapter, the election
254	254	judges must record the number of:
255	255	(1) completed ballots;
256	256	(2) spoiled ballots; and
257	257	(3) unused returned ballots.
258	258	Sec. 107.011. PROOF OF IDENTIFICATION PRESENTED AT
259	259	RESIDENTIAL CARE FACILITY. (a) Notwithstanding Section 63.0101 or
260	260	any other law, a voter voting under this chapter may submit a
261	261	statement as proof of identification signed by both election judges
262	262	for the residential care facility that:
263	263	(1) contains the name and address of the voter; and
264	264	(2) verifies that the voter is a resident of the
265	265	facility and appears on the list of registered voters.
266	266	(b) The election judges shall enclose the statement in the
267	267	carrier envelope.
268	268	Sec. 107.012. ASSISTING VOTER; NOTICE. (a) On written
269	269	request to the early voting clerk by a relative of a registered
270	270	voter in a residential care facility, the clerk may notify the
271	271	relative of the time or times at which election judges will conduct
272	272	voting at the facility. The relative may be present at the facility
273	273	while voting is conducted.
274	274	(b) On request of the voter, the following persons may
275	275	assist a voter in marking the voter's ballot:
276	276	(1) an election judge; or
277	277	(2) a person related to the voter within the second
278	278	degree by affinity or third degree by consanguinity, as defined by
279	279	Chapter 573, Government Code, and who is present for voting
280	280	conducted at the residential care facility.
281	281	(c) An election judge shall seal a ballot if the voter
282	282	receives assistance from a person who is not an election judge.
283	283	Sec. 107.013. SECURITY OF BALLOTS AND MATERIALS. (a) On
284	284	completion of the voting each day on which voting is conducted at a
285	285	residential care facility under this chapter, the election judges
286	286	for the facility shall seal the ballot envelopes and any absentee
287	287	ballot applications inside a secure envelope, seal the secure
288	288	envelope, and sign the seal. The election judges shall place the
289	289	envelope inside a ballot bag or container.
290	290	(b) As soon as possible after conducting voting at a
291	291	residential care facility, but not later than 18 hours after
292	292	leaving the facility, the election judges shall deliver the ballot
293	293	bag or container to the early voting clerk.
294	294	Sec. 107.014. PROVISION OF MAIL BALLOT TO CERTAIN VOTERS.
295	295	If a qualified voter residing at a residential care facility and
296	296	seeking to vote at the facility under this chapter is not able to
297	297	cast a ballot during any time when voting is conducted at the
298	298	facility, the election judges for the facility shall inform the
299	299	early voting clerk. The clerk shall mail the ballot to the voter
300	300	not later than the fourth day before election day.
301	301	Sec. 107.015. WATCHERS. (a) In an election held under this
302	302	chapter, a watcher may observe the process of ballot distribution
303	303	in the common areas of a residential care facility in a manner
304	304	consistent with Chapter 33.
305	305	(b) A political party entitled to have the names of its
306	306	nominees placed on the general election ballot may appoint a
307	307	watcher to accompany the election judges to a residential care
308	308	facility.
309	309	(c) A political party seeking to appoint a watcher to serve
310	310	at a residential care facility shall submit the name of the watcher
311	311	to the county election officer of the county in which the facility
312	312	is located, not later than the close of business on the last
313	313	business day before the date the watcher seeks to observe the
314	314	conduct of the election under this chapter.
315	315	(d) A watcher must present the watcher's certificate of
316	316	appointment to an election judge for the residential care facility
317	317	on arrival at the facility.
318	318	Sec. 107.016. LIMITATIONS ON APPLICABILITY OF CHAPTER. (a)
319	319	The early voting clerk is not required to send election judges to
320	320	conduct an election at a residential care facility unless there are
321	321	at least five registered voters who are residents of the facility.
322	322	(b) This chapter does not prevent a registered voter from:
323	323	(1) voting early by personal appearance; or
324	324	(2) voting on election day.
325	325	Sec. 107.017. RULES. The secretary of state shall adopt
326	326	rules and prescribe procedures for voting at a residential care
327	327	facility in accordance with this chapter.
328	328	SECTION 5. Subchapter A, Chapter 241, Health and Safety
329	329	Code, is amended by adding Section 241.0071 to read as follows:
330	330	Sec. 241.0071. COMPLIANCE WITH CERTAIN REQUIREMENTS
331	331	REGARDING EARLY VOTING. A hospital must comply with Chapter 107,
332	332	Election Code.
333	333	SECTION 6. Subchapter A, Chapter 242, Health and Safety
334	334	Code, is amended by adding Section 242.0181 to read as follows:
335	335	Sec. 242.0181. COMPLIANCE WITH CERTAIN REQUIREMENTS
336	336	REGARDING EARLY VOTING. An institution must comply with Chapter
337	337	107, Election Code.
338	338	SECTION 7. Subchapter A, Chapter 246, Health and Safety
339	339	Code, is amended by adding Section 246.0041 to read as follows:
340	340	Sec. 246.0041. COMPLIANCE WITH CERTAIN REQUIREMENTS
341	341	REGARDING EARLY VOTING. A facility must comply with Chapter 107,
342	342	Election Code.
343	343	SECTION 8. Subchapter A, Chapter 247, Health and Safety
344	344	Code, is amended by adding Section 247.008 to read as follows:
345	345	Sec. 247.008. COMPLIANCE WITH CERTAIN REQUIREMENTS
346	346	REGARDING EARLY VOTING. An assisted living facility must comply
347	347	with Chapter 107, Election Code.
348	348	SECTION 9. Subchapter A, Chapter 248, Health and Safety
349	349	Code, is amended by adding Section 248.004 to read as follows:
350	350	Sec. 248.004. COMPLIANCE WITH CERTAIN REQUIREMENTS
351	351	REGARDING EARLY VOTING. A special care facility must comply with
352	352	Chapter 107, Election Code.
353	353	SECTION 10. Chapter 105, Human Resources Code, is amended
354	354	by adding Section 105.004 to read as follows:
355	355	Sec. 105.004. COMPLIANCE WITH CERTAIN REQUIREMENTS
356	356	REGARDING EARLY VOTING. An establishment must comply with Chapter
357	357	107, Election Code.
358	358	SECTION 11. Sections 241.0071, 242.0181, 247.008, and
359	359	248.004, Health and Safety Code, as added by this Act, apply only to
360	360	a license issued or renewed on or after the effective date of this
361	361	Act. A license issued or renewed before that date is governed by
362	362	the law in effect on the date the license was issued or renewed, and
363	363	the former law is continued in effect for that purpose.
364	364	SECTION 12. This Act takes effect September 1, 2017.