85S10811 ATP-D
By: Israel H.B. No. 341
A BILL TO BE ENTITLED
AN ACT
relating to voting by mail and assistance provided to a voter.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 64.0321, Election Code, is amended to
read as follows:
Sec. 64.0321. DEFINITION. For purposes of this subchapter
and Sections 85.035 and 86.010, assisting a voter includes the
following conduct by a person other than the voter that occurs while
the person is in the presence of the voter's ballot or carrier
envelope:
(1) mechanical reading and marking of a [the] ballot
[to the voter]; and
(2) all other activities required of a voter at a
polling place to meaningfully and effectively exercise the voter's
right to vote [directing the voter to read the ballot;
[(3) marking the voter's ballot; or
[(4) directing the voter to mark the ballot].
SECTION 2. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number and e-mail address, with a statement informing the applicant
that failure to furnish that information does not invalidate the
application;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail to indicate that the address to
which the ballot is to be mailed is the address of a relative
described by Section 84.002(a)(4), if applicable;
(F) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 3. Section 86.001, Election Code, is amended by
adding Subsections (f) and (f-1) to read as follows:
(f) The early voting clerk, before rejecting an
application, shall make a reasonable effort to contact the
applicant by e-mail at any e-mail address provided on the
application, to ask questions about the application. The applicant
may make clerical corrections to the application by e-mail,
including correcting the applicant's date of birth, correcting
spelling of the applicant's name, or providing additional
information to make corrections to an address or county of
residence. If an applicant has submitted an address that is not an
acceptable mailing address, the applicant may submit to the early
voting clerk a mailing address by e-mail. If the early voting clerk
does not receive a response before the fourth day after the date the
clerk sent an e-mail to the e-mail address provided on the
application, the clerk may reject the application. The early
voting clerk shall attach to and maintain with the original
application submissions and corrections provided by e-mail under
this subsection.
(f-1) An applicant may not change the address or county of
residence submitted on the original application to a different
address or county of residence by e-mail.
SECTION 4. Sections 86.0015(b) and (b-2), Election Code,
are amended to read as follows:
(b) An application described by Subsection (a) is
considered to be an application for a ballot for each election,
including any ensuing runoff:
(1) in which the applicant is eligible to vote; and
(2) that occurs before the earlier of:
(A) except as provided by Subsection (b-2),
January 1 of the first odd-numbered year after [end of] the calendar
year in which the application was submitted;
(B) the date the county clerk receives notice
from the voter registrar under Subsection (f) that the voter has
changed residence to another county; or
(C) the date the voter's registration is
canceled.
(b-2) An application is considered to be submitted in the
following calendar year for purposes of this section if:
(1) the applicant is eligible to vote in an election
occurring in January or February of the next calendar year; and
(2) the application is submitted in the last 60 days of
an even-numbered [a] calendar year but not earlier than the 60th day
before the date of the January or February election.
SECTION 5. Section 86.013, Election Code, is amended by
amending Subsections (c), (d), and (g) and adding Subsection (h) to
read as follows:
(c) A certificate in substantially the following form must
be printed on the reverse side of the official carrier envelope in a
manner that requires the voter to sign across the flap of the
envelope:
"I certify that the enclosed ballot expresses my wishes
independent of any dictation or undue persuasion by any person.
________________________________
Signature of voter
By: ____________________________
Signature of person assisting
voter, if applicable (see Ballot
Envelope and separate sheet
accompanying Carrier Envelope for
restrictions and penalties)
________________________________
Printed name of person assisting
voter, if applicable
________________________________
Residence address of person
assisting voter, if applicable"
The space provided for the voter's signature must be located in a
box that is at least one inch by three inches, and "Signature of
Voter" and "Sign Over the Sealed Flap" must be printed in bold type.
(d) The following textual material, as prescribed by the
secretary of state, must be printed [on the reverse side of the
official carrier envelope or] on a separate sheet accompanying the
carrier envelope [when it is provided]:
(1) the prohibition prescribed by Section 86.006(b);
(2) the conditions for delivery by common or contract
carrier prescribed by Sections 81.005 and 86.006;
(3) the requirements for the legal execution and
delivery of the carrier envelope, including the prohibition on
compensation for depositing carrier envelopes containing ballots
voted by other persons under Section 86.0052;
(4) the prohibition prescribed by Section 86.006(e);
[and]
(5) the offenses prescribed by Sections 86.006(f) and
86.010(f);
(6) the renewal application prescribed by Section
86.0131; and
(7) any additional information required to instruct
the voter.
(g) The secretary of state by rule shall require that a
notice informing voters of the telephone number established under
Section 31.0055 and the purpose of the telephone number be printed
on[:
[(1) the official carrier envelope; or
[(2)] an insert enclosed with the balloting materials
for voting by mail sent to the voter.
(h) The secretary of state shall adopt guidelines for the
textual material required under Subsection (d) and the format of
the carrier envelope in consultation with plain language experts
and after determining the best practices for drafting the textual
material and designing the carrier envelope. The secretary of
state may inform the counties of any best practices determined
under this subsection to be used in developing election materials.
SECTION 6. Chapter 86, Election Code, is amended by adding
Section 86.0131 to read as follows:
Sec. 86.0131. RENEWAL APPLICATION FOR BALLOTS BY MAIL ON
CARRIER ENVELOPE. (a) The carrier envelope shall also contain the
following renewal application preceded by a box for the voter to
indicate by a check mark their desire to receive all ballots until
December 31 of the next even-numbered year:
"I request all future ballots for the remainder of this
voting cycle until December 31 of the next even-numbered year.
"If applicable, I wish to vote in the: (check one)
___ Democratic Primary
___ Republican Primary
___ I do not wish to vote in a party primary."
(b) The renewal application must state the period for which
the renewal application is effective, and must provide spaces to
mark the voter's signature, the date, and the voter's telephone
number and e-mail address.
(c) If the voter, or a witness as provided by Section
84.003, does not sign the renewal application, the renewal
application is invalid.
(d) If for any reason the ballot is rejected for the
specific election, the application for future ballots shall be
valid if it is signed and the appropriate box is checked.
(e) If the voter does not mark a specific primary or the box
stating the voter does not wish to vote in a primary, the clerk
shall treat the application as if the voter indicated "I do not wish
to vote in a party primary."
(f) A renewal application under this section shall be
processed in the same manner as an original application for a ballot
by mail under this code.
(g) Notwithstanding any other provision of this code, a
renewal application submitted under this section serves as an
application for a ballot to be voted by mail for every election
until December 31 of the next even-numbered year following the date
of the election for which the ballot containing the renewal
application was returned.
(h) The secretary of state shall prescribe rules and
procedures as necessary to implement this section.
SECTION 7. Section 87.041, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) The board may not reject a ballot solely on the grounds
that a signature on the carrier envelope certificate is not located
entirely in the space provided for the signature.
SECTION 8. Section 87.044, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) The early voting ballot board shall deliver to the early
voting clerk any early voting applications included as provided by
Section 86.0131 on a carrier envelope with a ballot voted in an
election held on the November uniform election date regardless of
whether the ballot is accepted.
SECTION 9. The change in law made by this Act in amending
Section 86.0015, Election Code, applies only to an application for
a ballot to be voted by mail received on or after January 1, 2017.
SECTION 10. This Act takes effect December 1, 2017.