Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB34 Compare Versions

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

Old	New	Differences
1	1	85S10146 ADM-F
2	2	By: Miles S.B. No. 34
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an opportunity to correct a defect in an early voting
8	8	ballot voted by mail and to the use of an application for an early
9	9	voting ballot to change a voter's registration address within the
10	10	county.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 84.011, Election Code, is amended by
13	13	adding Subsection (c) to read as follows:
14	14	(c) In addition to the requirements imposed by Subsection
15	15	(a), the officially prescribed application form for an early voting
16	16	ballot must include a space for the voter to provide a change of
17	17	residence address within the county, if applicable.
18	18	SECTION 2. Section 84.032(c), Election Code, is amended to
19	19	read as follows:
20	20	(c) An applicant may submit a request after the close of
21	21	early voting by personal appearance by appearing in person and:
22	22	(1) returning the ballot to be voted by mail to the
23	23	early voting clerk; or
24	24	(2) executing an affidavit that the applicant:
25	25	(A) has not received the ballot to be voted by
26	26	mail; or
27	27	(B) received notice of a defect under Section
28	28	87.0271(b) or 87.0411(b).
29	29	SECTION 3. Section 86.001, Election Code, is amended by
30	30	adding Subsection (f) to read as follows:
31	31	(f) If the application includes a change of address within
32	32	the county, the early voting clerk shall notify the voter registrar
33	33	of the change and the registrar shall update the voter's
34	34	registration accordingly.
35	35	SECTION 4. Section 86.002, Election Code, is amended by
36	36	adding Subsection (a-1) to read as follows:
37	37	(a-1) Notwithstanding Subsection (a), the clerk is not
38	38	required to provide a form for a statement of residence to a voter
39	39	who indicated a change of address within the county on the voter's
40	40	application for an early voting ballot to be voted by mail.
41	41	SECTION 5. Subchapter B, Chapter 87, Election Code, is
42	42	amended by adding Section 87.0271 to read as follows:
43	43	Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
44	44	VERIFICATION COMMITTEE. (a) This section applies to an early
45	45	voting ballot voted by mail:
46	46	(1) for which the voter did not sign the carrier
47	47	envelope certificate;
48	48	(2) for which it cannot immediately be determined
49	49	whether the signature on the carrier envelope certificate is that
50	50	of the voter;
51	51	(3) missing any required statement of residence; or
52	52	(4) containing incomplete information with respect to
53	53	a witness.
54	54	(b) Before deciding whether to accept or reject a timely
55	55	delivered ballot under Section 87.027, the signature verification
56	56	committee may:
57	57	(1) return the carrier envelope to the voter by mail,
58	58	if the signature verification committee determines that it would be
59	59	possible to correct the defect and return the carrier envelope
60	60	before the time the polls are required to close on election day; or
61	61	(2) notify the voter of the defect by telephone or
62	62	e-mail and inform the voter that the voter may come to the early
63	63	voting clerk's office in person to:
64	64	(A) correct the defect; or
65	65	(B) request to have the voter's application to
66	66	vote by mail canceled under Section 84.032.
67	67	(c) If the signature verification committee takes an action
68	68	described by Subsection (b), the committee must take either action
69	69	described by that subsection with respect to each ballot in the
70	70	election to which this section applies.
71	71	(d) A poll watcher is entitled to observe an action taken
72	72	under Subsection (b).
73	73	(e) The secretary of state may prescribe any procedures
74	74	necessary to implement this section.
75	75	SECTION 6. Subchapter C, Chapter 87, Election Code, is
76	76	amended by adding Section 87.0411 to read as follows:
77	77	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
78	78	BALLOT BOARD. (a) This section applies to an early voting ballot
79	79	voted by mail:
80	80	(1) for which the voter did not sign the carrier
81	81	envelope certificate;
82	82	(2) for which it cannot immediately be determined
83	83	whether the signature on the carrier envelope certificate is that
84	84	of the voter;
85	85	(3) missing any required statement of residence; or
86	86	(4) containing incomplete information with respect to
87	87	a witness.
88	88	(b) Before deciding whether to accept or reject a timely
89	89	delivered ballot under Section 87.041, the early voting ballot
90	90	board may:
91	91	(1) return the carrier envelope to the voter by mail,
92	92	if the early voting ballot board determines that it would be
93	93	possible to correct the defect and return the carrier envelope
94	94	before the time the polls are required to close on election day; or
95	95	(2) notify the voter of the defect by telephone or
96	96	e-mail and inform the voter that the voter may come to the early
97	97	voting clerk's office in person to:
98	98	(A) correct the defect; or
99	99	(B) request to have the voter's application to
100	100	vote by mail canceled under Section 84.032.
101	101	(c) If the early voting ballot board takes an action
102	102	described by Subsection (b), the board must take either action
103	103	described by that subsection with respect to each ballot in the
104	104	election to which this section applies.
105	105	(d) A poll watcher is entitled to observe an action taken
106	106	under Subsection (b).
107	107	(e) The secretary of state may prescribe any procedures
108	108	necessary to implement this section.
109	109	SECTION 7. This Act takes effect December 1, 2017.