| 1 | 1 | | 86R4743 ATP-F |
|---|
| 2 | 2 | | By: Israel H.B. No. 2562 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to procedures relating to the acceptance or rejection of a |
|---|
| 8 | 8 | | ballot voted by mail. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Subchapter B, Chapter 87, Election Code, is |
|---|
| 11 | 11 | | amended by adding Section 87.0271 to read as follows: |
|---|
| 12 | 12 | | Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE |
|---|
| 13 | 13 | | VERIFICATION COMMITTEE. (a) This section applies to an early |
|---|
| 14 | 14 | | voting ballot voted by mail: |
|---|
| 15 | 15 | | (1) for which the voter did not sign the carrier |
|---|
| 16 | 16 | | envelope certificate; or |
|---|
| 17 | 17 | | (2) for which it cannot be determined whether the |
|---|
| 18 | 18 | | signature on the carrier envelope certificate is that of the voter. |
|---|
| 19 | 19 | | (b) Before deciding whether to accept or reject a timely |
|---|
| 20 | 20 | | delivered ballot under Section 87.027, the signature verification |
|---|
| 21 | 21 | | committee shall: |
|---|
| 22 | 22 | | (1) return the carrier envelope to the voter by mail, |
|---|
| 23 | 23 | | if the voter did not sign the carrier envelope certificate and the |
|---|
| 24 | 24 | | signature verification committee determines that it would be |
|---|
| 25 | 25 | | possible to sign and return the carrier envelope before the fifth |
|---|
| 26 | 26 | | day after election day; or |
|---|
| 27 | 27 | | (2) notify the voter of the defect by telephone or |
|---|
| 28 | 28 | | e-mail and inform the voter that the voter may come to the early |
|---|
| 29 | 29 | | voting clerk's office in person before the fifth day after election |
|---|
| 30 | 30 | | day to: |
|---|
| 31 | 31 | | (A) sign the carrier envelope certificate; or |
|---|
| 32 | 32 | | (B) affirm that the ballot was submitted by the |
|---|
| 33 | 33 | | voter. |
|---|
| 34 | 34 | | (c) A voter may not correct a defect under this section |
|---|
| 35 | 35 | | later than the fifth day after election day. |
|---|
| 36 | 36 | | (d) A poll watcher is entitled to observe an action taken |
|---|
| 37 | 37 | | under Subsection (b). |
|---|
| 38 | 38 | | (e) The secretary of state may prescribe any procedures |
|---|
| 39 | 39 | | necessary to implement this section. |
|---|
| 40 | 40 | | SECTION 2. Subchapter C, Chapter 87, Election Code, is |
|---|
| 41 | 41 | | amended by adding Section 87.0411 to read as follows: |
|---|
| 42 | 42 | | Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING |
|---|
| 43 | 43 | | BALLOT BOARD. (a) This section applies to an early voting ballot |
|---|
| 44 | 44 | | voted by mail: |
|---|
| 45 | 45 | | (1) for which the voter did not sign the carrier |
|---|
| 46 | 46 | | envelope certificate; or |
|---|
| 47 | 47 | | (2) for which it cannot be determined whether the |
|---|
| 48 | 48 | | signature on the carrier envelope certificate is that of the voter. |
|---|
| 49 | 49 | | (b) Before deciding whether to accept or reject a timely |
|---|
| 50 | 50 | | delivered ballot under Section 87.041, the early voting ballot |
|---|
| 51 | 51 | | board shall: |
|---|
| 52 | 52 | | (1) return the carrier envelope to the voter by mail, |
|---|
| 53 | 53 | | if the voter did not sign the carrier envelope certificate and the |
|---|
| 54 | 54 | | early voting ballot board determines that it would be possible to |
|---|
| 55 | 55 | | sign and return the carrier envelope before the fifth day after |
|---|
| 56 | 56 | | election day; or |
|---|
| 57 | 57 | | (2) notify the voter of the defect by telephone or |
|---|
| 58 | 58 | | e-mail and inform the voter that the voter may come to the early |
|---|
| 59 | 59 | | voting clerk's office in person before the fifth day after election |
|---|
| 60 | 60 | | day to: |
|---|
| 61 | 61 | | (A) sign the carrier envelope certificate; or |
|---|
| 62 | 62 | | (B) affirm that the ballot was submitted by the |
|---|
| 63 | 63 | | voter. |
|---|
| 64 | 64 | | (c) A voter may not correct a defect under this section |
|---|
| 65 | 65 | | later than the fifth day after election day. |
|---|
| 66 | 66 | | (d) A poll watcher is entitled to observe an action taken |
|---|
| 67 | 67 | | under Subsection (b). |
|---|
| 68 | 68 | | (e) The secretary of state may prescribe any procedures |
|---|
| 69 | 69 | | necessary to implement this section. |
|---|
| 70 | 70 | | SECTION 3. Subchapter C, Chapter 87, Election Code, is |
|---|
| 71 | 71 | | amended by adding Section 87.045 to read as follows: |
|---|
| 72 | 72 | | Sec. 87.045. REJECTED BALLOT INFORMATION LIST. (a) The |
|---|
| 73 | 73 | | early voting ballot board for each election shall create a list of |
|---|
| 74 | 74 | | the voters whose ballots have been rejected. The list must include: |
|---|
| 75 | 75 | | (1) the voter's name; |
|---|
| 76 | 76 | | (2) the voter's address, unless the voter's residence |
|---|
| 77 | 77 | | address is confidential under Section 13.004(c); |
|---|
| 78 | 78 | | (3) the voter's unique identifier assigned under |
|---|
| 79 | 79 | | Section 18.061; and |
|---|
| 80 | 80 | | (4) the reason the voter's ballot was rejected. |
|---|
| 81 | 81 | | (b) The list created under Subsection (a) is a public record |
|---|
| 82 | 82 | | and shall be made available for public inspection. |
|---|
| 83 | 83 | | SECTION 4. This Act takes effect September 1, 2019. |
|---|