Texas 2017 - 85th 1st C.S.

Texas House Bill HB96 Compare Versions

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1-85S12570 ADM-F
1+85S10058 ADM-F
22 By: Swanson H.B. No. 96
3- Substitute the following for H.B. No. 96:
4- By: Swanson C.S.H.B. No. 96
53
64
75 A BILL TO BE ENTITLED
86 AN ACT
97 relating to signature verification on an early voting ballot voted
108 by mail.
119 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12- SECTION 1. Sections 87.027(i) and (j), Election Code, are
13- amended to read as follows:
10+ SECTION 1. Section 87.027(i), Election Code, is amended to
11+ read as follows:
1412 (i) The signature verification committee shall compare the
1513 signature on each carrier envelope certificate, except those signed
1614 for a voter by a witness, with the signature on the voter's ballot
1715 application to determine whether the signatures are those of the
18- voter [same person]. The committee may also compare the signatures
19- with any two or more signatures of the voter made within the
20- preceding six years and on file with the general custodian of
21- election records or voter registrar [the signature on the voter's
22- registration application] to confirm that the signatures are those
23- of the voter and may [same person but may not] use the signatures
24- [registration application signature] to determine that the
25- signatures are not those of the voter [same person]. Except as
26- provided by Subsection (l), a determination under this subsection
27- that the signatures are not those of the voter [same person] must be
28- made by a majority vote of the committee's membership. The
29- committee shall place the jacket envelopes, carrier envelopes, and
30- applications of voters whose signatures are not those of the voter
31- [same person] in separate containers from those of voters whose
32- signatures are those of the voter [same person]. The committee
33- chair shall deliver the sorted materials to the early voting ballot
34- board at the time specified by the board's presiding judge.
35- (j) If a signature verification committee is appointed, the
36- early voting ballot board shall follow the same procedure for
37- accepting the early voting ballots voted by mail as in an election
38- without a signature verification committee, except that the board
39- may not determine whether a voter's signatures on the carrier
40- envelope certificate and ballot application are those of the voter
41- [same person] if the committee has determined that the signatures
42- are those of the voter [same person]. If the committee has
43- determined that the signatures are not those of the voter [same
44- person], the board may make a determination that the signatures are
45- those of the voter [same person] by a majority vote of the board's
46- membership.
16+ same person. The committee may also compare the signatures with
17+ any two or more signatures of the voter made within the preceding
18+ six years and on file with the general custodian of election records
19+ or voter registrar [the signature on the voter's registration
20+ application] to confirm that the signatures are those of the same
21+ person and may [but may not] use the signatures [registration
22+ application signature] to determine that the signatures are not
23+ those of the same person. Except as provided by Subsection (l), a
24+ determination under this subsection that the signatures are not
25+ those of the same person must be made by a majority vote of the
26+ committee's membership. The committee shall place the jacket
27+ envelopes, carrier envelopes, and applications of voters whose
28+ signatures are not those of the same person in separate containers
29+ from those of voters whose signatures are those of the same
30+ person. The committee chair shall deliver the sorted materials to
31+ the early voting ballot board at the time specified by the board's
32+ presiding judge.
4733 SECTION 2. Section 87.041(e), Election Code, is amended to
4834 read as follows:
4935 (e) In making the determination under Subsection (b)(2),
5036 the board may also compare the signatures with any two or more
5137 signatures of the voter made within the preceding six years and on
5238 file with the general custodian of election records or voter
5339 registrar to determine if [confirm that] the signatures are those
54- of the voter [same person but may not use the signatures to
55- determine that the signatures are not those of the same person].
40+ of the same person [but may not use the signatures to determine that
41+ the signatures are not those of the same person].
5642 SECTION 3. This Act takes effect immediately if it receives
5743 a vote of two-thirds of all the members elected to each house, as
5844 provided by Section 39, Article III, Texas Constitution. If this
5945 Act does not receive the vote necessary for immediate effect, this
6046 Act takes effect December 1, 2017.