85S12570 ADM-F
By: Swanson H.B. No. 96
Substitute the following for H.B. No. 96:
By: Swanson C.S.H.B. No. 96
A BILL TO BE ENTITLED
AN ACT
relating to signature verification on an early voting ballot voted
by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 87.027(i) and (j), Election Code, are
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
voter [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 voter and may [same person but may not] use the signatures
[registration application signature] to determine that the
signatures are not those of the voter [same person]. Except as
provided by Subsection (l), a determination under this subsection
that the signatures are not those of the voter [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 voter
[same person] in separate containers from those of voters whose
signatures are those of the voter [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.
(j) If a signature verification committee is appointed, the
early voting ballot board shall follow the same procedure for
accepting the early voting ballots voted by mail as in an election
without a signature verification committee, except that the board
may not determine whether a voter's signatures on the carrier
envelope certificate and ballot application are those of the voter
[same person] if the committee has determined that the signatures
are those of the voter [same person]. If the committee has
determined that the signatures are not those of the voter [same
person], the board may make a determination that the signatures are
those of the voter [same person] by a majority vote of the board's
membership.
SECTION 2. 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 voter [same person but may not use the signatures to
determine that the signatures are not those of the same person].
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect December 1, 2017.