Texas 2017 - 85th 1st C.S.

Texas House Bill HB341 Compare Versions

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

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1	1	85S10811 ATP-D
2	2	By: Israel H.B. No. 341
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to voting by mail and assistance provided to a voter.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 64.0321, Election Code, is amended to
10	10	read as follows:
11	11	Sec. 64.0321. DEFINITION. For purposes of this subchapter
12	12	and Sections 85.035 and 86.010, assisting a voter includes the
13	13	following conduct by a person other than the voter that occurs while
14	14	the person is in the presence of the voter's ballot or carrier
15	15	envelope:
16	16	(1) mechanical reading and marking of a [the] ballot
17	17	[to the voter]; and
18	18	(2) all other activities required of a voter at a
19	19	polling place to meaningfully and effectively exercise the voter's
20	20	right to vote [directing the voter to read the ballot;
21	21	[(3) marking the voter's ballot; or
22	22	[(4) directing the voter to mark the ballot].
23	23	SECTION 2. Section 84.011(a), Election Code, is amended to
24	24	read as follows:
25	25	(a) The officially prescribed application form for an early
26	26	voting ballot must include:
27	27	(1) immediately preceding the signature space the
28	28	statement: "I certify that the information given in this
29	29	application is true, and I understand that giving false information
30	30	in this application is a crime.";
31	31	(2) a statement informing the applicant of the
32	32	offenses prescribed by Sections 84.003 and 84.004;
33	33	(3) spaces for entering an applicant's voter
34	34	registration number and county election precinct of registration,
35	35	with a statement informing the applicant that failure to furnish
36	36	that information does not invalidate the application; and
37	37	(4) on an application for a ballot to be voted by mail:
38	38	(A) a space for an applicant applying on the
39	39	ground of absence from the county of residence to indicate the date
40	40	on or after which the applicant can receive mail at the address
41	41	outside the county;
42	42	(B) a space for indicating the fact that an
43	43	applicant whose application is signed by a witness cannot make the
44	44	applicant's mark and a space for indicating the relationship or
45	45	lack of relationship of the witness to the applicant;
46	46	(C) a space for entering an applicant's telephone
47	47	number and e-mail address, with a statement informing the applicant
48	48	that failure to furnish that information does not invalidate the
49	49	application;
50	50	(D) a space or box for an applicant applying on
51	51	the ground of age or disability to indicate that the address to
52	52	which the ballot is to be mailed is the address of a facility or
53	53	relative described by Section 84.002(a)(3), if applicable;
54	54	(E) a space or box for an applicant applying on
55	55	the ground of confinement in jail to indicate that the address to
56	56	which the ballot is to be mailed is the address of a relative
57	57	described by Section 84.002(a)(4), if applicable;
58	58	(F) a space for an applicant applying on the
59	59	ground of age or disability to indicate if the application is an
60	60	application under Section 86.0015;
61	61	(G) spaces for entering the signature, printed
62	62	name, and residence address of any person assisting the applicant;
63	63	(H) a statement informing the applicant of the
64	64	condition prescribed by Section 81.005; and
65	65	(I) a statement informing the applicant of the
66	66	requirement prescribed by Section 86.003(c).
67	67	SECTION 3. Section 86.001, Election Code, is amended by
68	68	adding Subsections (f) and (f-1) to read as follows:
69	69	(f) The early voting clerk, before rejecting an
70	70	application, shall make a reasonable effort to contact the
71	71	applicant by e-mail at any e-mail address provided on the
72	72	application, to ask questions about the application. The applicant
73	73	may make clerical corrections to the application by e-mail,
74	74	including correcting the applicant's date of birth, correcting
75	75	spelling of the applicant's name, or providing additional
76	76	information to make corrections to an address or county of
77	77	residence. If an applicant has submitted an address that is not an
78	78	acceptable mailing address, the applicant may submit to the early
79	79	voting clerk a mailing address by e-mail. If the early voting clerk
80	80	does not receive a response before the fourth day after the date the
81	81	clerk sent an e-mail to the e-mail address provided on the
82	82	application, the clerk may reject the application. The early
83	83	voting clerk shall attach to and maintain with the original
84	84	application submissions and corrections provided by e-mail under
85	85	this subsection.
86	86	(f-1) An applicant may not change the address or county of
87	87	residence submitted on the original application to a different
88	88	address or county of residence by e-mail.
89	89	SECTION 4. Sections 86.0015(b) and (b-2), Election Code,
90	90	are amended to read as follows:
91	91	(b) An application described by Subsection (a) is
92	92	considered to be an application for a ballot for each election,
93	93	including any ensuing runoff:
94	94	(1) in which the applicant is eligible to vote; and
95	95	(2) that occurs before the earlier of:
96	96	(A) except as provided by Subsection (b-2),
97	97	January 1 of the first odd-numbered year after [end of] the calendar
98	98	year in which the application was submitted;
99	99	(B) the date the county clerk receives notice
100	100	from the voter registrar under Subsection (f) that the voter has
101	101	changed residence to another county; or
102	102	(C) the date the voter's registration is
103	103	canceled.
104	104	(b-2) An application is considered to be submitted in the
105	105	following calendar year for purposes of this section if:
106	106	(1) the applicant is eligible to vote in an election
107	107	occurring in January or February of the next calendar year; and
108	108	(2) the application is submitted in the last 60 days of
109	109	an even-numbered [a] calendar year but not earlier than the 60th day
110	110	before the date of the January or February election.
111	111	SECTION 5. Section 86.013, Election Code, is amended by
112	112	amending Subsections (c), (d), and (g) and adding Subsection (h) to
113	113	read as follows:
114	114	(c) A certificate in substantially the following form must
115	115	be printed on the reverse side of the official carrier envelope in a
116	116	manner that requires the voter to sign across the flap of the
117	117	envelope:
118	118	"I certify that the enclosed ballot expresses my wishes
119	119	independent of any dictation or undue persuasion by any person.
120	120	________________________________
121	121	Signature of voter
122	122	By: ____________________________
123	123	Signature of person assisting
124	124	voter, if applicable (see Ballot
125	125	Envelope and separate sheet
126	126	accompanying Carrier Envelope for
127	127	restrictions and penalties)
128	128	________________________________
129	129	Printed name of person assisting
130	130	voter, if applicable
131	131	________________________________
132	132	Residence address of person
133	133	assisting voter, if applicable"
134	134	The space provided for the voter's signature must be located in a
135	135	box that is at least one inch by three inches, and "Signature of
136	136	Voter" and "Sign Over the Sealed Flap" must be printed in bold type.
137	137	(d) The following textual material, as prescribed by the
138	138	secretary of state, must be printed [on the reverse side of the
139	139	official carrier envelope or] on a separate sheet accompanying the
140	140	carrier envelope [when it is provided]:
141	141	(1) the prohibition prescribed by Section 86.006(b);
142	142	(2) the conditions for delivery by common or contract
143	143	carrier prescribed by Sections 81.005 and 86.006;
144	144	(3) the requirements for the legal execution and
145	145	delivery of the carrier envelope, including the prohibition on
146	146	compensation for depositing carrier envelopes containing ballots
147	147	voted by other persons under Section 86.0052;
148	148	(4) the prohibition prescribed by Section 86.006(e);
149	149	[and]
150	150	(5) the offenses prescribed by Sections 86.006(f) and
151	151	86.010(f);
152	152	(6) the renewal application prescribed by Section
153	153	86.0131; and
154	154	(7) any additional information required to instruct
155	155	the voter.
156	156	(g) The secretary of state by rule shall require that a
157	157	notice informing voters of the telephone number established under
158	158	Section 31.0055 and the purpose of the telephone number be printed
159	159	on[:
160	160	[(1) the official carrier envelope; or
161	161	[(2)] an insert enclosed with the balloting materials
162	162	for voting by mail sent to the voter.
163	163	(h) The secretary of state shall adopt guidelines for the
164	164	textual material required under Subsection (d) and the format of
165	165	the carrier envelope in consultation with plain language experts
166	166	and after determining the best practices for drafting the textual
167	167	material and designing the carrier envelope. The secretary of
168	168	state may inform the counties of any best practices determined
169	169	under this subsection to be used in developing election materials.
170	170	SECTION 6. Chapter 86, Election Code, is amended by adding
171	171	Section 86.0131 to read as follows:
172	172	Sec. 86.0131. RENEWAL APPLICATION FOR BALLOTS BY MAIL ON
173	173	CARRIER ENVELOPE. (a) The carrier envelope shall also contain the
174	174	following renewal application preceded by a box for the voter to
175	175	indicate by a check mark their desire to receive all ballots until
176	176	December 31 of the next even-numbered year:
177	177	"I request all future ballots for the remainder of this
178	178	voting cycle until December 31 of the next even-numbered year.
179	179	"If applicable, I wish to vote in the: (check one)
180	180	___ Democratic Primary
181	181	___ Republican Primary
182	182	___ I do not wish to vote in a party primary."
183	183	(b) The renewal application must state the period for which
184	184	the renewal application is effective, and must provide spaces to
185	185	mark the voter's signature, the date, and the voter's telephone
186	186	number and e-mail address.
187	187	(c) If the voter, or a witness as provided by Section
188	188	84.003, does not sign the renewal application, the renewal
189	189	application is invalid.
190	190	(d) If for any reason the ballot is rejected for the
191	191	specific election, the application for future ballots shall be
192	192	valid if it is signed and the appropriate box is checked.
193	193	(e) If the voter does not mark a specific primary or the box
194	194	stating the voter does not wish to vote in a primary, the clerk
195	195	shall treat the application as if the voter indicated "I do not wish
196	196	to vote in a party primary."
197	197	(f) A renewal application under this section shall be
198	198	processed in the same manner as an original application for a ballot
199	199	by mail under this code.
200	200	(g) Notwithstanding any other provision of this code, a
201	201	renewal application submitted under this section serves as an
202	202	application for a ballot to be voted by mail for every election
203	203	until December 31 of the next even-numbered year following the date
204	204	of the election for which the ballot containing the renewal
205	205	application was returned.
206	206	(h) The secretary of state shall prescribe rules and
207	207	procedures as necessary to implement this section.
208	208	SECTION 7. Section 87.041, Election Code, is amended by
209	209	adding Subsection (g) to read as follows:
210	210	(g) The board may not reject a ballot solely on the grounds
211	211	that a signature on the carrier envelope certificate is not located
212	212	entirely in the space provided for the signature.
213	213	SECTION 8. Section 87.044, Election Code, is amended by
214	214	adding Subsection (c) to read as follows:
215	215	(c) The early voting ballot board shall deliver to the early
216	216	voting clerk any early voting applications included as provided by
217	217	Section 86.0131 on a carrier envelope with a ballot voted in an
218	218	election held on the November uniform election date regardless of
219	219	whether the ballot is accepted.
220	220	SECTION 9. The change in law made by this Act in amending
221	221	Section 86.0015, Election Code, applies only to an application for
222	222	a ballot to be voted by mail received on or after January 1, 2017.
223	223	SECTION 10. This Act takes effect December 1, 2017.