86R8595 GRM-F
By: Calanni H.B. No. 3200
A BILL TO BE ENTITLED
AN ACT
relating to the submission by telephonic facsimile machine or
electronic transmission of an application for a ballot to be voted
by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 84.007(b-1) and (d), Election Code, are
amended to read as follows:
(b-1) For an application for ballot by mail submitted by
telephonic facsimile machine or electronic transmission to be
effective, the application also must be submitted by mail and be
received by the early voting clerk not later than the deadline for
ballots to be returned under Section 86.007. This subsection may
not be construed to delay the time for providing a ballot to a voter
under Section 86.004 [fourth business day after the transmission by
telephonic facsimile machine or electronic transmission is
received].
(d) An application, including an application submitted by
telephonic facsimile machine or electronic transmission, is
considered to be submitted at the time of its receipt by the clerk.
SECTION 2. Section 84.014, Election Code, is amended to
read as follows:
Sec. 84.014. ACTION BY EARLY VOTING CLERK ON CERTAIN
APPLICATIONS. (a) If an applicant provides a date of birth,
driver's license number, or social security number on the
applicant's application for an early voting ballot to be voted by
mail that is different from or in addition to the information
maintained by the voter registrar in accordance with Title 2, the
early voting clerk shall notify the voter registrar. The voter
registrar shall update the voter's record with the information
provided by the applicant.
(b) For an application submitted by telephonic facsimile
machine or electronic transmission, the early voting clerk shall
immediately respond in the format in which the application was
submitted to:
(1) confirm receipt of the transmission of the
application; and
(2) issue a statement that the applicant is required
to submit the application by mail or common or contract carrier to
the address of the early voting clerk by the deadline for returning
a marked ballot under Section 86.007.
SECTION 3. Section 86.001(a), Election Code, is amended to
read as follows:
(a) The early voting clerk shall review each application for
a ballot to be voted by mail, including an application submitted by
telephonic facsimile machine or electronic transmission.
SECTION 4. Section 87.041(b), Election Code, is amended to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; [and]
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) for a voter who submitted an application for a
ballot to be voted by mail by telephonic facsimile machine or
electronic transmission, the application is effective under
Section 84.007(b-1).
SECTION 5. The change in law made by this Act applies only
to an application for a ballot to be voted by mail submitted on or
after the effective date of this Act. An application for a ballot
to be voted by mail submitted before the effective date of this Act
is governed by the law in effect when the application was submitted,
and the former law is continued in effect for that purpose.
SECTION 6. This Act takes effect September 1, 2019.