Texas 2019 - 86th Regular

Texas House Bill HB2411 Compare Versions

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11 86R4730 GRM-F
22 By: Hinojosa H.B. No. 2411
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to an early voting ballot voted by mail.
88 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
99 SECTION 1. Section 84.011, Election Code, is amended by
1010 adding Subsection (c) to read as follows:
1111 (c) In addition to the requirements imposed by Subsection
1212 (a), the officially prescribed application form for an early voting
1313 ballot must include a space for the voter to provide a change of
1414 residence address within the county, if applicable.
1515 SECTION 2. Section 84.032(c), Election Code, is amended to
1616 read as follows:
1717 (c) An applicant may submit a request after the close of
1818 early voting by personal appearance by appearing in person and:
1919 (1) returning the ballot to be voted by mail to the
2020 early voting clerk; or
2121 (2) executing an affidavit that the applicant:
2222 (A) has not received the ballot to be voted by
2323 mail; [or]
2424 (B) never requested a ballot to be voted by mail;
2525 or
2626 (C) received notice of a defect under Section
2727 87.0271(b) or 87.0411(b).
2828 SECTION 3. Section 86.001, Election Code, is amended by
2929 adding Subsection (f) to read as follows:
3030 (f) If the application includes a change of address within
3131 the county, the early voting clerk shall notify the voter registrar
3232 of the change and the registrar shall update the voter's
3333 registration accordingly.
3434 SECTION 4. Section 86.002, Election Code, is amended by
3535 adding Subsection (a-1) to read as follows:
3636 (a-1) Notwithstanding Subsection (a), the clerk is not
3737 required to provide a form for a statement of residence to a voter
3838 who indicated a change of address within the county on the voter's
3939 application for an early voting ballot to be voted by mail.
4040 SECTION 5. Subchapter B, Chapter 87, Election Code, is
4141 amended by adding Section 87.0271 to read as follows:
4242 Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
4343 VERIFICATION COMMITTEE. (a) This section applies to an early
4444 voting ballot voted by mail:
4545 (1) for which the voter did not sign the carrier
4646 envelope certificate;
4747 (2) for which it cannot immediately be determined
4848 whether the signature on the carrier envelope certificate is that
4949 of the voter;
5050 (3) missing any required statement of residence; or
5151 (4) containing incomplete information with respect to
5252 a witness.
5353 (b) Before deciding whether to accept or reject a timely
5454 delivered ballot under Section 87.027, the signature verification
5555 committee may:
5656 (1) return the carrier envelope to the voter by mail,
5757 if the signature verification committee determines that it would be
5858 possible to correct the defect and return the carrier envelope
5959 before the time the polls are required to close on election day; or
6060 (2) notify the voter of the defect by telephone or
6161 e-mail and inform the voter that the voter may come to the early
6262 voting clerk's office in person to:
6363 (A) correct the defect; or
6464 (B) request to have the voter's application to
6565 vote by mail canceled under Section 84.032.
6666 (c) If the signature verification committee takes an action
6767 described by Subsection (b), the committee must take either action
6868 described by that subsection with respect to each ballot in the
6969 election to which this section applies.
7070 (d) A poll watcher is entitled to observe an action taken
7171 under Subsection (b).
7272 (e) The secretary of state may prescribe any procedures
7373 necessary to implement this section.
7474 SECTION 6. Subchapter C, Chapter 87, Election Code, is
7575 amended by adding Section 87.0411 to read as follows:
7676 Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
7777 BALLOT BOARD. (a) This section applies to an early voting ballot
7878 voted by mail:
7979 (1) for which the voter did not sign the carrier
8080 envelope certificate;
8181 (2) for which it cannot immediately be determined
8282 whether the signature on the carrier envelope certificate is that
8383 of the voter;
8484 (3) missing any required statement of residence; or
8585 (4) containing incomplete information with respect to
8686 a witness.
8787 (b) Before deciding whether to accept or reject a timely
8888 delivered ballot under Section 87.041, the early voting ballot
8989 board may:
9090 (1) return the carrier envelope to the voter by mail,
9191 if the early voting ballot board determines that it would be
9292 possible to correct the defect and return the carrier envelope
9393 before the time the polls are required to close on election day; or
9494 (2) notify the voter of the defect by telephone or
9595 e-mail and inform the voter that the voter may come to the early
9696 voting clerk's office in person to:
9797 (A) correct the defect; or
9898 (B) request to have the voter's application to
9999 vote by mail canceled under Section 84.032.
100100 (c) If the early voting ballot board takes an action
101101 described by Subsection (b), the board must take either action
102102 described by that subsection with respect to each ballot in the
103103 election to which this section applies.
104104 (d) A poll watcher is entitled to observe an action taken
105105 under Subsection (b).
106106 (e) The secretary of state may prescribe any procedures
107107 necessary to implement this section.
108108 SECTION 7. This Act takes effect September 1, 2019.