85R11829 SRS-D
By: Schofield H.B. No. 3464
A BILL TO BE ENTITLED
AN ACT
relating to early in-person voting by voters who reside at a
residential care facility.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.002(a), Election Code, is amended to
read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, the address of:
(A) the hospital, nursing home or other long-term
care facility, or retirement center, if the applicant is living at
that address and that address is different from the address at which
the applicant is registered to vote; or
(B) [of] a person related to the applicant within
the second degree by affinity or the third degree by consanguinity,
as determined under Chapter 573, Government Code, if the applicant
is not living in a residential care facility, as defined by Section
107.002, and is living at that address and that address is different
from the address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot; and
(6) an indication of the ground of eligibility for
early voting.
SECTION 2. Section 86.003, Election Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsection (e) to
read as follows:
(a) The balloting materials for voting by mail shall be
provided to the voter by mail, unless the ballot is delivered to a
voter for early voting under Chapter 107. A ballot provided by any
other method may not be counted.
(b) Subject to Subsection (c), the balloting materials
shall be addressed to the applicable address specified in the
voter's application. The election officer providing the ballot may
not knowingly deliver [mail] the materials to an address other than
that prescribed by this section.
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the ground
for voting by mail is:
(1) absence from the county of residence, in which
case the address must be an address outside the voter's county of
residence;
(2) confinement in jail, in which case the address
must be the address of the jail or of a relative described by
Section 84.002(a)(4); [or]
(3) age or disability and the voter is living at a
hospital, nursing home or other long-term care facility, or
retirement center, other than a residential care facility as
defined by Section 107.002, or with a relative described by Section
84.002(a)(3)(B) [84.002(a)(3)], in which case the address must be
the address of that facility or relative; or
(4) age or disability and the voter is living in a
residential care facility as defined by Section 107.002, in which
case the address must be the address of the facility.
(e) A voter who makes an application to vote early by mail on
the grounds of age or disability requesting that the ballot be sent
to the address of a residential care facility, as defined by Chapter
107, is required to vote as provided by that chapter if a
significant number, as determined by the early voting clerk, of
applications for ballots to be voted by mail are made by residents
of the same facility who request that the ballots be sent to that
facility. The early voting clerk shall determine how many
applications constitute a significant number.
SECTION 3. Section 86.004, Election Code, is amended by
amending Subsection (a) and adding Subsection (c) to read as
follows:
(a) Except as provided by Subsection (b) or (c), the
balloting materials for voting by mail shall be mailed to a voter
entitled to vote by mail not later than the seventh calendar day
after the later of the date the clerk accepts the voter's
application for a ballot to be voted by mail or the date the ballots
become available for mailing, except that if that mailing date is
earlier than the 45th day before election day, the balloting
materials shall be mailed not later than the 38th day before
election day.
(c) An application to vote early by mail on the grounds of
age or disability requesting that the ballot be sent to the address
of a residential care facility, as defined by Chapter 107, shall be
held until the earlier of:
(1) the date on which a significant number, as
determined by the early voting clerk, of applications for ballots
to be voted by mail made by residents of the same facility who
request that the ballots be sent to that facility have been
received, in which case ballots may not be mailed to the voters and
voting shall be conducted under Chapter 107; or
(2) the last day on which an application for a ballot
to be voted by mail may be received, after which the ballot shall
promptly be mailed to the voter.
SECTION 4. Subtitle B, Title 7, Election Code, is amended by
adding Chapter 107 to read as follows:
CHAPTER 107. EARLY VOTING AT A RESIDENTIAL CARE FACILITY
Sec. 107.001. PURPOSE. This chapter is enacted to
facilitate voting in a hospital, nursing home, other long-term care
facility, or retirement center in which a significant number of
occupants, patients, or residents lack adequate transportation to
an appropriate polling place, need assistance in voting, are 65
years of age or older or are disabled, or are indefinitely confined.
Sec. 107.002. DEFINITION. In this chapter, "residential
care facility" means a facility licensed and regulated under
Chapter 241, 242, 246, 247, or 248, Health and Safety Code, or
Chapter 105, Human Resources Code.
Sec. 107.003. APPLICABILITY OF EARLY VOTING BY PERSONAL
APPEARANCE PROVISIONS. To the extent applicable and not in
conflict with this chapter, Chapter 85 applies to voting at a
residential care facility under this chapter.
Sec. 107.004. EARLY VOTING AT RESIDENTIAL CARE FACILITY
REQUIRED. A voter residing in a residential care facility who has
applied to vote early by mail on the grounds of age or disability
and who requested that the ballot be sent to the address of the
facility must vote as provided by this chapter if a significant
number, as determined by the early voting clerk, of applications
for ballots to be voted by mail were made by residents of the same
facility who requested that the ballots be sent to the facility.
Sec. 107.005. ELECTION JUDGES; QUALIFICATIONS; OATH. (a)
Election judges shall be selected to serve at a residential care
facility in the same manner as election judges are selected to serve
at a polling place for early voting by personal appearance.
(b) An election judge serving at a residential care facility
may be a volunteer or an employee of the authority conducting the
election or compensated by the authority conducting the election in
the same manner as an election judge for a polling place for early
voting by personal appearance.
(c) A person may not serve as an election judge for a
residential care facility if:
(1) at any time during the two years preceding the
election, the person has been employed or retained at a residential
care facility in the county where the person seeks to serve as an
election judge; or
(2) the person is related to a person within the second
degree by affinity or within the third degree by consanguinity, as
determined under Chapter 573, Government Code, who resides in a
residential care facility and is a registered voter.
(d) Before beginning the duties of an election judge under
this chapter, each individual appointed to serve as an election
judge at a residential care facility shall sign and date this oath:
I swear (or affirm) that I will not in any manner request or
seek to persuade or induce any voter to vote for or against any
candidate or measure to be voted on, and that I will faithfully
perform my duty as an officer of the election and guard the purity
of the election.
I have read the statutes and training materials provided and
will conduct this election accordingly.
I understand that failing to follow procedures exactly may
result in invalidation of the voter's ballot.
I will not unduly influence or pressure a person to
participate or cast a ballot in the election.
I will not influence the choice of a voter to choose a
particular primary ballot, vote in a particular race or election,
or vote on a particular proposition.
Signed this ___ day of ____, 20__.
Sec. 107.006. VOTING LOCATION. (a) The administrator of
the residential care facility shall make available an area located
in a common area of the facility for the purposes of voting under
this chapter. The area shall allow a voter to cast a secret ballot.
(b) The facility administrator shall allow posting of
required notices during the period that voting is conducted under
this chapter.
(c) An election judge may enter the private room of a voter
who requests that balloting materials be brought to the voter.
Sec. 107.007. NOTICE OF ELECTION IN RESIDENTIAL CARE
FACILITY; DETERMINATION OF TIME FOR VOTING. (a) If early voting at
a residential care facility is required under this chapter, the
early voting clerk shall give notice that early voting will occur at
the facility and appoint election judges for the purpose of
conducting voting under this chapter.
(b) Not later than 5 p.m. on the ninth business day before
election day, the election judges shall, with the input of the
administrator of the residential care facility, designate one or
more times for voting to be conducted. Voting may be conducted not
earlier than the seventh day before election day and not later than
the fourth day before election day.
(c) An election judge for a residential care facility shall
post notice of the time or times for conducting the election at the
facility as soon as practicable after determining the time and not
later than the fifth day before the first day on which voting will
be conducted at the facility.
(d) The early voting clerk shall maintain a public list of
all residential care facilities in the clerk's jurisdiction at
which voting is conducted under this chapter. The list must be
available on the website of the authority conducting the election
or posted at the location where public notices are posted in the
county courthouse or authority public building, as applicable, and
for each facility state:
(1) the name of the facility;
(2) the address of the facility;
(3) the dates and times for voting at the facility; and
(4) the names of the election judges for the facility.
Sec. 107.008. CONDUCT OF ELECTION. (a) In an election
conducted under this chapter, the early voting clerk shall deliver
to the election judges for a residential care facility the
balloting materials for any qualified voters who have requested a
mail ballot for an election that would have been otherwise mailed to
the voter at the facility under Chapter 86.
(b) The election judges for a residential care facility
shall deliver the balloting materials to the voter at the facility.
(c) The voter shall mark and seal the ballot in the same
manner as a voter voting under Chapter 86.
(d) Both election judges for the residential care facility
shall sign the carrier envelope as witnesses. In the space for the
address of the witness, each election judge shall write in
"Residential Care Facility Election Judge."
(e) The election judges shall accept the carrier envelope
and place the envelope in a secure bag or ballot container for
transport to the early voting clerk's office.
(f) Ballots voted at a residential care facility shall be
processed for counting in the manner provided by Chapter 86 for a
ballot voted by mail.
Sec. 107.009. VOTING BY ADDITIONAL QUALIFIED VOTERS. (a)
The early voting clerk shall produce a list of all additional
qualified voters who reside at a residential care facility where
voting is conducted under this chapter.
(b) The clerk shall supply the election judges for the
residential care facility with a reasonable number of additional
ballots and voting materials to allow additional qualified voters
who reside at the facility to vote under this chapter. During the
voting period, any registered voter who resides at the facility may
complete an application to request a mail ballot as if they were
voting by mail. An election judge for the facility shall serve as a
witness for any person who is unable to sign their name and may
witness multiple applications.
(c) An election judge for the residential care facility must
accept a properly completed application for a ballot made under
this section, and shall provide a ballot to the voter. The election
judge shall make a notation on an application that it was made under
this section.
(d) A voter who applies for a ballot under this section
shall vote in the manner provided by Section 107.008, except that
the voter's ballot must be stored with the voter's application, and
the voter's ballot may not be counted if the voter was not a
qualified voter for the election as demonstrated from the
information contained in the voter's application.
Sec. 107.010. RETENTION OF RECORDS. (a) The election
judges for the residential care facility shall record the number of
ballots voted. Both of the election judges for each facility and
the early voting clerk shall sign and attest to the number of
ballots issued.
(b) On completion of voting under this chapter, the election
judges must record the number of:
(1) completed ballots;
(2) spoiled ballots; and
(3) unused returned ballots.
Sec. 107.011. PROOF OF IDENTIFICATION PRESENTED AT
RESIDENTIAL CARE FACILITY. (a) Notwithstanding Section 63.0101 or
any other law, a voter voting under this chapter may submit a
statement as proof of identification signed by both election judges
for the residential care facility that:
(1) contains the name and address of the voter; and
(2) verifies that the voter is a resident of the
facility and appears on the list of registered voters.
(b) The election judges shall enclose the statement in the
carrier envelope.
Sec. 107.012. ASSISTING VOTER; NOTICE. (a) On written
request to the early voting clerk by a relative of a registered
voter in a residential care facility, the clerk may notify the
relative of the time or times at which election judges will conduct
voting at the facility. The relative may be present at the facility
while voting is conducted.
(b) On request of the voter, the following persons may
assist a voter in marking the voter's ballot:
(1) an election judge; or
(2) a person related to the voter within the second
degree by affinity or third degree by consanguinity, as defined by
Chapter 573, Government Code, and who is present for voting
conducted at the residential care facility.
(c) An election judge shall seal a ballot if the voter
receives assistance from a person who is not an election judge.
Sec. 107.013. SECURITY OF BALLOTS AND MATERIALS. (a) On
completion of the voting each day on which voting is conducted at a
residential care facility under this chapter, the election judges
for the facility shall seal the ballot envelopes and any absentee
ballot applications inside a secure envelope, seal the secure
envelope, and sign the seal. The election judges shall place the
envelope inside a ballot bag or container.
(b) As soon as possible after conducting voting at a
residential care facility, but not later than 18 hours after
leaving the facility, the election judges shall deliver the ballot
bag or container to the early voting clerk.
Sec. 107.014. PROVISION OF MAIL BALLOT TO CERTAIN VOTERS.
If a qualified voter residing at a residential care facility and
seeking to vote at the facility under this chapter is not able to
cast a ballot during any time when voting is conducted at the
facility, the election judges for the facility shall inform the
early voting clerk. The clerk shall mail the ballot to the voter
not later than the fourth day before election day.
Sec. 107.015. WATCHERS. (a) In an election held under this
chapter, a watcher may observe the process of ballot distribution
in the common areas of a residential care facility in a manner
consistent with Chapter 33.
(b) A political party entitled to have the names of its
nominees placed on the general election ballot may appoint a
watcher to accompany the election judges to a residential care
facility.
(c) A political party seeking to appoint a watcher to serve
at a residential care facility shall submit the name of the watcher
to the county election officer of the county in which the facility
is located, not later than the close of business on the last
business day before the date the watcher seeks to observe the
conduct of the election under this chapter.
(d) A watcher must present the watcher's certificate of
appointment to an election judge for the residential care facility
on arrival at the facility.
Sec. 107.016. LIMITATIONS ON APPLICABILITY OF CHAPTER. (a)
The early voting clerk is not required to send election judges to
conduct an election at a residential care facility unless there are
at least five registered voters who are residents of the facility.
(b) This chapter does not prevent a registered voter from:
(1) voting early by personal appearance; or
(2) voting on election day.
Sec. 107.017. RULES. The secretary of state shall adopt
rules and prescribe procedures for voting at a residential care
facility in accordance with this chapter.
SECTION 5. Subchapter A, Chapter 241, Health and Safety
Code, is amended by adding Section 241.0071 to read as follows:
Sec. 241.0071. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING EARLY VOTING. A hospital must comply with Chapter 107,
Election Code.
SECTION 6. Subchapter A, Chapter 242, Health and Safety
Code, is amended by adding Section 242.0181 to read as follows:
Sec. 242.0181. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING EARLY VOTING. An institution must comply with Chapter
107, Election Code.
SECTION 7. Subchapter A, Chapter 246, Health and Safety
Code, is amended by adding Section 246.0041 to read as follows:
Sec. 246.0041. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING EARLY VOTING. A facility must comply with Chapter 107,
Election Code.
SECTION 8. Subchapter A, Chapter 247, Health and Safety
Code, is amended by adding Section 247.008 to read as follows:
Sec. 247.008. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING EARLY VOTING. An assisted living facility must comply
with Chapter 107, Election Code.
SECTION 9. Subchapter A, Chapter 248, Health and Safety
Code, is amended by adding Section 248.004 to read as follows:
Sec. 248.004. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING EARLY VOTING. A special care facility must comply with
Chapter 107, Election Code.
SECTION 10. Chapter 105, Human Resources Code, is amended
by adding Section 105.004 to read as follows:
Sec. 105.004. COMPLIANCE WITH CERTAIN REQUIREMENTS
REGARDING EARLY VOTING. An establishment must comply with Chapter
107, Election Code.
SECTION 11. Sections 241.0071, 242.0181, 247.008, and
248.004, Health and Safety Code, as added by this Act, apply only to
a license issued or renewed on or after the effective date of this
Act. A license issued or renewed before that date is governed by
the law in effect on the date the license was issued or renewed, and
the former law is continued in effect for that purpose.
SECTION 12. This Act takes effect September 1, 2017.