85S10026 ADM-F
By: Bohac H.B. No. 73
A BILL TO BE ENTITLED
AN ACT
relating to the prevention of fraud committed by a person voting
early by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.011, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) In addition to the requirements imposed by Subsection
(a), the officially prescribed application form for an early voting
ballot must include a space for the voter to provide a change of
residence address within the county, if applicable.
SECTION 2. Section 84.032(c), Election Code, is amended to
read as follows:
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail; or
(B) received notice of a defect under Section
87.0271(b) or 87.0411(b).
SECTION 3. Section 86.001, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) If the application includes a change of address within
the county, the early voting clerk shall notify the voter registrar
of the change and the registrar shall update the voter's
registration accordingly.
SECTION 4. Section 86.002, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), the clerk is not
required to provide a form for a statement of residence to a voter
who indicated a change of address within the county on the voter's
application for an early voting ballot to be voted by mail.
SECTION 5. Section 86.004(a), Election Code, as effective
September 1, 2017, is amended 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 30th [38th] day before
election day.
SECTION 6. Section 87.027(i), Election Code, is amended to
read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
same person. The committee may also compare the signatures with
any two or more signatures of the voter made within the preceding
six years and on file with the general custodian of election records
or voter registrar [the signature on the voter's registration
application] to confirm that the signatures are those of the same
person and may [but may not] use the signatures [registration
application signature] to determine that the signatures are not
those of the same person. Except as provided by Subsection (l), a
determination under this subsection that the signatures are not
those of the same person must be made by a majority vote of the
committee's membership. The committee shall place the jacket
envelopes, carrier envelopes, and applications of voters whose
signatures are not those of the same person in separate containers
from those of voters whose signatures are those of the same
person. The committee chair shall deliver the sorted materials to
the early voting ballot board at the time specified by the board's
presiding judge.
SECTION 7. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section applies to an early
voting ballot voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.027, the signature verification
committee may:
(1) return the carrier envelope to the voter by mail,
if the signature verification committee determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) If the signature verification committee takes an action
described by Subsection (b), the committee must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 8. Section 87.041(e), Election Code, is amended to
read as follows:
(e) In making the determination under Subsection (b)(2),
the board may also compare the signatures with any two or more
signatures of the voter made within the preceding six years and on
file with the general custodian of election records or voter
registrar to determine if [confirm that] the signatures are those
of the same person [but may not use the signatures to determine that
the signatures are not those of the same person].
SECTION 9. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section applies to an early voting ballot
voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.041, the early voting ballot
board may:
(1) return the carrier envelope to the voter by mail,
if the early voting ballot board determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) If the early voting ballot board takes an action
described by Subsection (b), the board must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 10. This Act takes effect December 1, 2017.