Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB36 Compare Versions

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

Old	New	Differences
1	1	85S10368 GRM-D
2	2	By: Rodríguez S.B. No. 36
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to early voting by mail by any qualified voter.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 13.002(e), Election Code, is amended to
10	10	read as follows:
11	11	(e) Notwithstanding Section 82.005, a [A] person who is
12	12	certified for participation in the address confidentiality program
13	13	administered by the attorney general under Subchapter C, Chapter
14	14	56, Code of Criminal Procedure, is not eligible for early voting by
15	15	mail [under Section 82.007] unless the person submits an
16	16	application under this section by personal delivery. The secretary
17	17	of state may adopt rules to implement this subsection.
18	18	SECTION 2. Section 82.005, Election Code, is amended to
19	19	read as follows:
20	20	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
21	21	APPEARANCE]. Any qualified voter is eligible for early voting by
22	22	mail or personal appearance.
23	23	SECTION 3. Section 82.007, Election Code, is amended to
24	24	read as follows:
25	25	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
26	26	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
27	27	who, [is eligible for early voting by mail if:
28	28	[(1) the voter submitted a registration application by
29	29	personal delivery as required by Section 13.002(e); and
30	30	[(2)] at the time the voter's early voting ballot
31	31	application is submitted, [the voter] is certified for
32	32	participation in the address confidentiality program administered
33	33	by the attorney general under Subchapter C, Chapter 56, Code of
34	34	Criminal Procedure, is eligible for early voting by mail only if the
35	35	voter submitted a registration application by personal delivery as
36	36	required by Section 13.002(e).
37	37	SECTION 4. Section 84.001(a), Election Code, is amended to
38	38	read as follows:
39	39	(a) To be entitled to vote an early voting ballot by mail, a
40	40	person [who is eligible for early voting] must make an application
41	41	for an early voting ballot to be voted by mail as provided by this
42	42	title.
43	43	SECTION 5. Section 84.002(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) An early voting ballot application must include:
46	46	(1) the applicant's name and the address at which the
47	47	applicant is registered to vote;
48	48	(2) for an application for a ballot to be voted by mail
49	49	by an applicant who will be absent from the applicant's [on the
50	50	ground of absence from the] county of residence on election day, the
51	51	address outside the applicant's county of residence to which the
52	52	ballot is to be mailed;
53	53	(3) for an application for a ballot to be voted by mail
54	54	by an applicant who is 65 years of age or older on election day or
55	55	has a sickness or physical condition that requires the applicant to
56	56	reside in a hospital or nursing home or other long-term care
57	57	facility, or with a relative [on the ground of age or disability],
58	58	the address of the hospital, nursing home or other long-term care
59	59	facility, or retirement center, or of a person related to the
60	60	applicant within the second degree by affinity or the third degree
61	61	by consanguinity, as determined under Chapter 573, Government Code,
62	62	if the applicant is living at that address and that address is
63	63	different from the address at which the applicant is registered to
64	64	vote;
65	65	(4) for an application for a ballot to be voted by mail
66	66	by an applicant who is confined [on the ground of confinement] in
67	67	jail as described by Section 84.009(a), the address of the jail or
68	68	of a person related to the applicant within the degree described by
69	69	Subdivision (3); and
70	70	(5) [for an application for a ballot to be voted by
71	71	mail on any ground,] an indication of each election for which the
72	72	applicant is applying for a ballot[; and
73	73	[(6) an indication of the ground of eligibility for
74	74	early voting].
75	75	SECTION 6. Section 84.009, Election Code, is amended by
76	76	amending Subsection (a) and adding Subsection (b) to read as
77	77	follows:
78	78	(a) This section applies only to an applicant who, at the
79	79	time the application for a ballot to be voted by mail is submitted,
80	80	is confined in jail:
81	81	(1) serving a misdemeanor sentence for a term that
82	82	ends on or after election day;
83	83	(2) pending trial after denial of bail;
84	84	(3) without bail pending an appeal of a felony
85	85	conviction; or
86	86	(4) pending trial or appeal on a bailable offense for
87	87	which release on bail before election day is unlikely.
88	88	(b) On request of the applicant, an application for a ballot
89	89	to be voted by mail [on the ground of confinement in jail] may be
90	90	submitted to the early voting clerk, at the discretion of the
91	91	authority in charge of the jail, by personal delivery by the jail
92	92	authority or by a designated subordinate of the authority.
93	93	SECTION 7. Section 84.011(a), Election Code, is amended to
94	94	read as follows:
95	95	(a) The officially prescribed application form for an early
96	96	voting ballot must include:
97	97	(1) immediately preceding the signature space the
98	98	statement: "I certify that the information given in this
99	99	application is true, and I understand that giving false information
100	100	in this application is a crime.";
101	101	(2) a statement informing the applicant of the
102	102	offenses prescribed by Sections 84.003 and 84.004;
103	103	(3) spaces for entering an applicant's voter
104	104	registration number and county election precinct of registration,
105	105	with a statement informing the applicant that failure to furnish
106	106	that information does not invalidate the application; and
107	107	(4) on an application for a ballot to be voted by mail:
108	108	(A) a space for an applicant [applying on the
109	109	ground of absence from the county of residence] to indicate whether
110	110	the applicant will be absent from the applicant's county of
111	111	residence on election day and, if applicable, the date on or after
112	112	which the applicant can receive mail at the address outside the
113	113	county;
114	114	(B) a space for indicating the fact that an
115	115	applicant whose application is signed by a witness cannot make the
116	116	applicant's mark and a space for indicating the relationship or
117	117	lack of relationship of the witness to the applicant;
118	118	(C) a space for entering an applicant's telephone
119	119	number, with a statement informing the applicant that failure to
120	120	furnish that information does not invalidate the application;
121	121	(D) a space or box for an applicant who is 65
122	122	years of age or older on election day or has a sickness or physical
123	123	condition that requires the applicant to reside in a hospital or
124	124	nursing home or other long-term care facility, or with a relative,
125	125	[applying on the ground of age or disability] to indicate that the
126	126	address to which the ballot is to be mailed is the address of a
127	127	facility or relative described by Section 84.002(a)(3), if
128	128	applicable;
129	129	(E) a space or box for an applicant confined
130	130	[applying on the ground of confinement] in jail as described by
131	131	Section 84.009(a) to indicate that the address to which the ballot
132	132	is to be mailed is the address of a relative described by Section
133	133	84.002(a)(4), if applicable;
134	134	(F) a space for an applicant applying on the
135	135	ground of age or disability to indicate if the application is an
136	136	application under Section 86.0015;
137	137	(G) spaces for entering the signature, printed
138	138	name, and residence address of any person assisting the applicant;
139	139	(H) a statement informing the applicant of the
140	140	condition prescribed by Section 81.005; and
141	141	(I) a statement informing the applicant of the
142	142	requirement prescribed by Section 86.003(c).
143	143	SECTION 8. Sections 86.001(b) and (c), Election Code, are
144	144	amended to read as follows:
145	145	(b) If the application complies with the applicable
146	146	requirements prescribed by this title [applicant is entitled to
147	147	vote an early voting ballot by mail], the clerk shall provide an
148	148	official ballot to the applicant as provided by this chapter.
149	149	(c) Except as provided by Section 86.008, if the applicant
150	150	is not entitled to vote in the election [by mail], the clerk shall
151	151	reject the application, enter on the application "rejected" and the
152	152	reason for and date of rejection, and deliver written notice of the
153	153	reason for the rejection to the applicant at both the residence
154	154	address and mailing address on the application. A ballot may not be
155	155	provided to an applicant whose application is rejected.
156	156	SECTION 9. Section 86.003(c), Election Code, is amended to
157	157	read as follows:
158	158	(c) The address to which the balloting materials must be
159	159	addressed is the address at which the voter is registered to vote,
160	160	or the registered mailing address if different, unless the
161	161	application to vote early by mail indicates that the voter [ground
162	162	for voting by mail is]:
163	163	(1) will be absent from the voter's [absence from the]
164	164	county of residence on election day, in which case the address must
165	165	be an address outside the voter's county of residence;
166	166	(2) is confined [confinement] in jail as described by
167	167	Section 84.009(a), in which case the address must be the address of
168	168	the jail or of a relative described by Section 84.002(a)(4); or
169	169	(3) is 65 years of age or older on election day or has a
170	170	sickness or physical condition that requires the applicant to
171	171	reside in a hospital or nursing home or other long-term care
172	172	facility, or with a relative, [age or disability] and [the voter] is
173	173	living at a hospital, nursing home or other long-term care
174	174	facility, or retirement center, or with a relative described by
175	175	Section 84.002(a)(3), in which case the address must be the address
176	176	of that facility or relative.
177	177	SECTION 10. Section 86.004(b), Election Code, is amended to
178	178	read as follows:
179	179	(b) For an election to which Section 101.104 applies, the
180	180	balloting materials for a voter who indicates on the application
181	181	for a ballot to be voted by mail or the federal postcard application
182	182	that the voter seeks [is eligible] to vote early by mail as a
183	183	consequence of the voter's being outside the United States shall be
184	184	mailed on or before the later of the 45th day before election day or
185	185	the seventh calendar day after the date the clerk receives the
186	186	application. However, if it is not possible to mail the ballots by
187	187	the deadline of the 45th day before election day, the clerk shall
188	188	notify the secretary of state within 24 hours of knowing that the
189	189	deadline will not be met. The secretary of state shall monitor the
190	190	situation and advise the clerk, who shall mail the ballots as soon
191	191	as possible in accordance with the secretary of state's guidelines.
192	192	SECTION 11. Section 87.041(b), Election Code, is amended to
193	193	read as follows:
194	194	(b) A ballot may be accepted only if:
195	195	(1) the carrier envelope certificate is properly
196	196	executed;
197	197	(2) neither the voter's signature on the ballot
198	198	application nor the signature on the carrier envelope certificate
199	199	is determined to have been executed by a person other than the
200	200	voter, unless signed by a witness;
201	201	(3) [the voter's ballot application states a legal
202	202	ground for early voting by mail;
203	203	[(4)] the voter is registered to vote, if registration
204	204	is required by law;
205	205	(4) [(5) the address to which the ballot was mailed to
206	206	the voter, as indicated by the application, was outside the voter's
207	207	county of residence, if the ground for early voting is absence from
208	208	the county of residence;
209	209	[(6)] for a voter to whom a statement of residence form
210	210	was required to be sent under Section 86.002(a), the statement of
211	211	residence is returned in the carrier envelope and indicates that
212	212	the voter satisfies the residence requirements prescribed by
213	213	Section 63.0011; and
214	214	(5) [(7)] the address to which the ballot was mailed
215	215	to the voter is an address [that is otherwise] required by Sections
216	216	84.002 and 86.003.
217	217	SECTION 12. Section 102.001(a), Election Code, is amended
218	218	to read as follows:
219	219	(a) A qualified voter is eligible to vote a late ballot as
220	220	provided by this chapter if the voter has a sickness or physical
221	221	condition [described by Section 82.002] that prevents the voter
222	222	from appearing at the polling place on election day without a
223	223	likelihood of needing personal assistance or of injuring the
224	224	voter's health and originates on or after the day before the last
225	225	day for submitting an application for a ballot to be voted by mail.
226	226	SECTION 13. Sections 82.001, 82.002, 82.003, 82.004,
227	227	84.002(b), and 112.002(b), Election Code, are repealed.
228	228	SECTION 14. The changes in law made by this Act apply only
229	229	to an election ordered on or after December 1, 2017.
230	230	SECTION 15. This Act takes effect December 1, 2017.