Texas 2017 - 85th 1st C.S.

Texas House Bill HB73 Compare Versions

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

Old	New	Differences
1	1	85S10026 ADM-F
2	2	By: Bohac H.B. No. 73
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the prevention of fraud committed by a person voting
8	8	early by mail.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 84.011, Election Code, is amended by
11	11	adding Subsection (c) to read as follows:
12	12	(c) In addition to the requirements imposed by Subsection
13	13	(a), the officially prescribed application form for an early voting
14	14	ballot must include a space for the voter to provide a change of
15	15	residence address within the county, if applicable.
16	16	SECTION 2. Section 84.032(c), Election Code, is amended to
17	17	read as follows:
18	18	(c) An applicant may submit a request after the close of
19	19	early voting by personal appearance by appearing in person and:
20	20	(1) returning the ballot to be voted by mail to the
21	21	early voting clerk; or
22	22	(2) executing an affidavit that the applicant:
23	23	(A) has not received the ballot to be voted by
24	24	mail; or
25	25	(B) received notice of a defect under Section
26	26	87.0271(b) or 87.0411(b).
27	27	SECTION 3. Section 86.001, Election Code, is amended by
28	28	adding Subsection (f) to read as follows:
29	29	(f) If the application includes a change of address within
30	30	the county, the early voting clerk shall notify the voter registrar
31	31	of the change and the registrar shall update the voter's
32	32	registration accordingly.
33	33	SECTION 4. Section 86.002, Election Code, is amended by
34	34	adding Subsection (a-1) to read as follows:
35	35	(a-1) Notwithstanding Subsection (a), the clerk is not
36	36	required to provide a form for a statement of residence to a voter
37	37	who indicated a change of address within the county on the voter's
38	38	application for an early voting ballot to be voted by mail.
39	39	SECTION 5. Section 86.004(a), Election Code, as effective
40	40	September 1, 2017, is amended to read as follows:
41	41	(a) Except as provided by Subsection (b) or (c), the
42	42	balloting materials for voting by mail shall be mailed to a voter
43	43	entitled to vote by mail not later than the seventh calendar day
44	44	after the later of the date the clerk accepts the voter's
45	45	application for a ballot to be voted by mail or the date the ballots
46	46	become available for mailing, except that if that mailing date is
47	47	earlier than the 45th day before election day, the balloting
48	48	materials shall be mailed not later than the 30th [38th] day before
49	49	election day.
50	50	SECTION 6. Section 87.027(i), Election Code, is amended to
51	51	read as follows:
52	52	(i) The signature verification committee shall compare the
53	53	signature on each carrier envelope certificate, except those signed
54	54	for a voter by a witness, with the signature on the voter's ballot
55	55	application to determine whether the signatures are those of the
56	56	same person. The committee may also compare the signatures with
57	57	any two or more signatures of the voter made within the preceding
58	58	six years and on file with the general custodian of election records
59	59	or voter registrar [the signature on the voter's registration
60	60	application] to confirm that the signatures are those of the same
61	61	person and may [but may not] use the signatures [registration
62	62	application signature] to determine that the signatures are not
63	63	those of the same person. Except as provided by Subsection (l), a
64	64	determination under this subsection that the signatures are not
65	65	those of the same person must be made by a majority vote of the
66	66	committee's membership. The committee shall place the jacket
67	67	envelopes, carrier envelopes, and applications of voters whose
68	68	signatures are not those of the same person in separate containers
69	69	from those of voters whose signatures are those of the same
70	70	person. The committee chair shall deliver the sorted materials to
71	71	the early voting ballot board at the time specified by the board's
72	72	presiding judge.
73	73	SECTION 7. Subchapter B, Chapter 87, Election Code, is
74	74	amended by adding Section 87.0271 to read as follows:
75	75	Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
76	76	VERIFICATION COMMITTEE. (a) This section applies to an early
77	77	voting ballot voted by mail:
78	78	(1) for which the voter did not sign the carrier
79	79	envelope certificate;
80	80	(2) for which it cannot immediately be determined
81	81	whether the signature on the carrier envelope certificate is that
82	82	of the voter;
83	83	(3) missing any required statement of residence; or
84	84	(4) containing incomplete information with respect to
85	85	a witness.
86	86	(b) Before deciding whether to accept or reject a timely
87	87	delivered ballot under Section 87.027, the signature verification
88	88	committee may:
89	89	(1) return the carrier envelope to the voter by mail,
90	90	if the signature verification committee determines that it would be
91	91	possible to correct the defect and return the carrier envelope
92	92	before the time the polls are required to close on election day; or
93	93	(2) notify the voter of the defect by telephone or
94	94	e-mail and inform the voter that the voter may come to the early
95	95	voting clerk's office in person to:
96	96	(A) correct the defect; or
97	97	(B) request to have the voter's application to
98	98	vote by mail canceled under Section 84.032.
99	99	(c) If the signature verification committee takes an action
100	100	described by Subsection (b), the committee must take either action
101	101	described by that subsection with respect to each ballot in the
102	102	election to which this section applies.
103	103	(d) A poll watcher is entitled to observe an action taken
104	104	under Subsection (b).
105	105	(e) The secretary of state may prescribe any procedures
106	106	necessary to implement this section.
107	107	SECTION 8. Section 87.041(e), Election Code, is amended to
108	108	read as follows:
109	109	(e) In making the determination under Subsection (b)(2),
110	110	the board may also compare the signatures with any two or more
111	111	signatures of the voter made within the preceding six years and on
112	112	file with the general custodian of election records or voter
113	113	registrar to determine if [confirm that] the signatures are those
114	114	of the same person [but may not use the signatures to determine that
115	115	the signatures are not those of the same person].
116	116	SECTION 9. Subchapter C, Chapter 87, Election Code, is
117	117	amended by adding Section 87.0411 to read as follows:
118	118	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
119	119	BALLOT BOARD. (a) This section applies to an early voting ballot
120	120	voted by mail:
121	121	(1) for which the voter did not sign the carrier
122	122	envelope certificate;
123	123	(2) for which it cannot immediately be determined
124	124	whether the signature on the carrier envelope certificate is that
125	125	of the voter;
126	126	(3) missing any required statement of residence; or
127	127	(4) containing incomplete information with respect to
128	128	a witness.
129	129	(b) Before deciding whether to accept or reject a timely
130	130	delivered ballot under Section 87.041, the early voting ballot
131	131	board may:
132	132	(1) return the carrier envelope to the voter by mail,
133	133	if the early voting ballot board determines that it would be
134	134	possible to correct the defect and return the carrier envelope
135	135	before the time the polls are required to close on election day; or
136	136	(2) notify the voter of the defect by telephone or
137	137	e-mail and inform the voter that the voter may come to the early
138	138	voting clerk's office in person to:
139	139	(A) correct the defect; or
140	140	(B) request to have the voter's application to
141	141	vote by mail canceled under Section 84.032.
142	142	(c) If the early voting ballot board takes an action
143	143	described by Subsection (b), the board must take either action
144	144	described by that subsection with respect to each ballot in the
145	145	election to which this section applies.
146	146	(d) A poll watcher is entitled to observe an action taken
147	147	under Subsection (b).
148	148	(e) The secretary of state may prescribe any procedures
149	149	necessary to implement this section.
150	150	SECTION 10. This Act takes effect December 1, 2017.