86R9933 ADM-D
By: Cole H.B. No. 1762
A BILL TO BE ENTITLED
AN ACT
relating to the facilitation of voting by persons confined in
certain jails.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle B, Title 7, Election Code, is amended by
adding Chapter 108 to read as follows:
CHAPTER 108. ENFRANCHISEMENT OF PERSONS CONFINED IN COUNTY JAIL
Sec. 108.001. DEFINITION. In this chapter, "jail
administrator" means a sheriff or other person assigned to a
position overseeing a county jail.
Sec. 108.002. PLACEMENT OF SECURE VOTING BOX. (a) An early
voting clerk may request that one or more secure voting boxes be
placed in the county jail for the deposit of early voting ballots by
mail.
(b) A secure voting box may only be placed in the jail with
the consent of the jail administrator.
(c) A secure voting box that is placed in accordance with
this section must be placed in the jail not later than the 30th day
before election day.
(d) The secure voting boxes placed in accordance with this
section must be placed in one or more locations as necessary to
facilitate voting under this chapter without impediment by persons
confined in every building of a multiple-building jail.
Sec. 108.003. SECURITY OF SECURE VOTING BOX. (a) The jail
administrator shall ensure that a secure voting box placed in the
county jail is, at all times:
(1) locked to prevent tampering; and
(2) either:
(A) being guarded by an employee of the jail; or
(B) inside a locked room with no persons present.
(b) With the consent of the jail administrator, the early
voting clerk may collect ballots placed in a secure voting box
throughout the early voting period. This may include collecting
and replacing a secure voting box.
Sec. 108.004. VOTING BY PERSON CONFINED IN COUNTY JAIL. (a)
A person confined in a county jail who is a qualified voter and is in
possession of the person's early voting ballot to be voted by mail
may:
(1) mail the completed ballot; or
(2) place the ballot in a secure voting box placed in
the jail in accordance with this chapter.
(b) The jail administrator may:
(1) permit a person confined in jail to place the
person's ballot directly in the secure voting box; or
(2) require a person confined in jail to deliver the
completed ballot to an employee of the jail, who must then place the
ballot in the secure voting box.
(c) A person who places a ballot in the secure voting box on
behalf of the voter under Subsection (b)(2) is an assistant for
purposes of Section 86.0051(b), and Section 86.006(f) does not
apply to that person.
Sec. 108.005. DELIVERY OF SECURE VOTING BOX TO EARLY VOTING
CLERK. The jail administrator shall ensure that all ballots placed
in a secure voting box under this chapter have been delivered to the
registrar not later than the deadline described by Section
86.007(a)(2).
Sec. 108.006. PERSON CONFINED IN JAIL IN COUNTY OTHER THAN
COUNTY OF RESIDENCE. (a) A person who is confined in a jail that is
located in a county where the person does not reside may cast a
ballot by placing the ballot in a secure voting box under this
chapter.
(b) A ballot to which this section applies shall be
forwarded by the early voting clerk to the proper early voting clerk
as soon as practicable.
(c) A ballot forwarded under this section is considered
timely received by the proper early voting clerk if it is received
by the early voting clerk of the county where the jail is located
not later than the deadline described by Section 86.007(a)(2).
SECTION 2. Chapter 108, Election Code, as added by this Act,
applies only to an election ordered on or after the effective date
of this Act. An election ordered before the effective date of this
Act is governed by the law in effect when the election was ordered,
and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2019.