Texas 2019 - 86th Regular

Texas House Bill HB3199 Compare Versions

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

Old	New	Differences
1	1	86R12220 ATP-D
2	2	By: Calanni H.B. No. 3199
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the cancellation of a ballot to be voted early by mail
8	8	by voting by personal appearance at a polling place that uses an
9	9	electronic signature roster.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 63.011(a-1), Election Code, is amended
12	12	to read as follows:
13	13	(a-1) Except as provided by Section 84.032(d-2), a [A]
14	14	person to whom the early voting clerk was required to provide an
15	15	early voting ballot by mail under Section 86.001 and who did not
16	16	vote early by mail may cast a provisional ballot on election day if
17	17	the person executes an affidavit stating that the person:
18	18	(1) is a registered voter in the precinct in which the
19	19	person seeks to vote; and
20	20	(2) did not vote early by mail.
21	21	SECTION 2. Section 84.032, Election Code, is amended by
22	22	amending Subsection (b) and adding Subsections (d-1) and (d-2) to
23	23	read as follows:
24	24	(b) A request must:
25	25	(1) be in writing and signed by the applicant;
26	26	(2) specify the election for which the application was
27	27	made; and
28	28	(3) except as provided by Subsection (c), (d), (d-1),
29	29	or (e), be received by the early voting clerk:
30	30	(A) not later than the third day before election
31	31	day; and
32	32	(B) if an early voting ballot sent to the
33	33	applicant is returned to the clerk as a marked ballot, before the
34	34	marked ballot's arrival at the address on the carrier envelope.
35	35	(d-1) An applicant may also submit a request by voting early
36	36	by personal appearance or by appearing in person to vote on election
37	37	day if:
38	38	(1) the polling place at which the applicant seeks to
39	39	vote by personal appearance uses a signature roster in the form of
40	40	an electronic device that:
41	41	(A) is capable of accurately indicating whether
42	42	the applicant has returned a ballot to be voted by mail; and
43	43	(B) provides information to the early voting
44	44	clerk to ensure that any ballot canceled under this subsection and
45	45	subsequently received will not be counted; and
46	46	(2) the early voting clerk, deputy early voting clerk,
47	47	or presiding election judge, as applicable, determines from the
48	48	signature roster that the applicant has not returned the
49	49	applicant's ballot to be voted by mail.
50	50	(d-2) A person who cancels an application for a ballot to be
51	51	voted early by mail under Subsection (d-1) and is accepted for
52	52	voting is not required to vote a provisional ballot under Section
53	53	63.011(a-1).
54	54	SECTION 3. Section 84.038, Election Code, is amended to
55	55	read as follows:
56	56	Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION.
57	57	The cancellation of an application for a ballot to be voted by mail
58	58	under Section 84.032(c), (d), (d-1), or (e) is effective for a
59	59	single ballot only and does not cancel the application with respect
60	60	to a subsequent election, including a subsequent election to which
61	61	the same application applies under Section 84.001(e) or 86.0015(b).
62	62	SECTION 4. This Act takes effect September 1, 2019.