86R4743 ATP-F
By: Israel H.B. No. 2562
A BILL TO BE ENTITLED
AN ACT
relating to procedures relating to the acceptance or rejection of a
ballot voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section applies to an early
voting ballot voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate; or
(2) for which it cannot be determined whether the
signature on the carrier envelope certificate is that of the voter.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.027, the signature verification
committee shall:
(1) return the carrier envelope to the voter by mail,
if the voter did not sign the carrier envelope certificate and the
signature verification committee determines that it would be
possible to sign and return the carrier envelope before the fifth
day after election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person before the fifth day after election
day to:
(A) sign the carrier envelope certificate; or
(B) affirm that the ballot was submitted by the
voter.
(c) A voter may not correct a defect under this section
later than the fifth day after election day.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 2. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section applies to an early voting ballot
voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate; or
(2) for which it cannot be determined whether the
signature on the carrier envelope certificate is that of the voter.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.041, the early voting ballot
board shall:
(1) return the carrier envelope to the voter by mail,
if the voter did not sign the carrier envelope certificate and the
early voting ballot board determines that it would be possible to
sign and return the carrier envelope before the fifth day after
election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person before the fifth day after election
day to:
(A) sign the carrier envelope certificate; or
(B) affirm that the ballot was submitted by the
voter.
(c) A voter may not correct a defect under this section
later than the fifth day after election day.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 3. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.045 to read as follows:
Sec. 87.045. REJECTED BALLOT INFORMATION LIST. (a) The
early voting ballot board for each election shall create a list of
the voters whose ballots have been rejected. The list must include:
(1) the voter's name;
(2) the voter's address, unless the voter's residence
address is confidential under Section 13.004(c);
(3) the voter's unique identifier assigned under
Section 18.061; and
(4) the reason the voter's ballot was rejected.
(b) The list created under Subsection (a) is a public record
and shall be made available for public inspection.
SECTION 4. This Act takes effect September 1, 2019.