Texas 2021 - 87th Regular

Texas House Bill HB1807 Compare Versions

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

Old	New	Differences
1	1	87R2411 BRG-D
2	2	By: González of Dallas H.B. No. 1807
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of an applicant's e-mail address on a vote by
8	8	mail application.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 84.011(a), Election Code, is amended to
11	11	read as follows:
12	12	(a) The officially prescribed application form for an early
13	13	voting ballot must include:
14	14	(1) immediately preceding the signature space the
15	15	statement: "I certify that the information given in this
16	16	application is true, and I understand that giving false information
17	17	in this application is a crime.";
18	18	(2) a statement informing the applicant of the
19	19	offenses prescribed by Sections 84.003 and 84.004;
20	20	(3) spaces for entering an applicant's voter
21	21	registration number and county election precinct of registration,
22	22	with a statement informing the applicant that failure to furnish
23	23	that information does not invalidate the application; and
24	24	(4) on an application for a ballot to be voted by mail:
25	25	(A) a space for an applicant applying on the
26	26	ground of absence from the county of residence to indicate the date
27	27	on or after which the applicant can receive mail at the address
28	28	outside the county;
29	29	(B) a space for indicating the fact that an
30	30	applicant whose application is signed by a witness cannot make the
31	31	applicant's mark and a space for indicating the relationship or
32	32	lack of relationship of the witness to the applicant;
33	33	(C) a space for entering an applicant's telephone
34	34	number and e-mail address, with a statement informing the applicant
35	35	that failure to furnish that information does not invalidate the
36	36	application;
37	37	(D) a space or box for an applicant applying on
38	38	the ground of age or disability to indicate that the address to
39	39	which the ballot is to be mailed is the address of a facility or
40	40	relative described by Section 84.002(a)(3), if applicable;
41	41	(E) a space or box for an applicant applying on
42	42	the ground of confinement in jail to indicate that the address to
43	43	which the ballot is to be mailed is the address of a relative
44	44	described by Section 84.002(a)(4), if applicable;
45	45	(F) a space for an applicant applying on the
46	46	ground of age or disability to indicate if the application is an
47	47	application under Section 86.0015;
48	48	(G) spaces for entering the signature, printed
49	49	name, and residence address of any person assisting the applicant;
50	50	(H) a statement informing the applicant of the
51	51	condition prescribed by Section 81.005; and
52	52	(I) a statement informing the applicant of the
53	53	requirement prescribed by Section 86.003(c).
54	54	SECTION 2. Subchapter A, Chapter 84, Election Code, is
55	55	amended by adding Section 84.015 to read as follows:
56	56	Sec. 84.015. CONFIDENTIALITY AND USE OF E-MAIL ADDRESS.
57	57	(a) An e-mail address provided under this subchapter for the
58	58	purpose of applying for an early voting ballot is confidential and
59	59	does not constitute public information for purposes of Chapter 552,
60	60	Government Code. The early voting clerk shall ensure that a voter's
61	61	e-mail address provided under this subchapter is excluded from
62	62	public disclosure.
63	63	(b) The early voting clerk may only use an e-mail address
64	64	provided under this subchapter for the purposes of Section 86.001.
65	65	SECTION 3. Section 86.001, Election Code, is amended by
66	66	amending Subsection (c) and adding Subsections (f), (f-1), (f-2),
67	67	and (f-3) to read as follows:
68	68	(c) Except as provided by Section 86.008, if the applicant
69	69	is not entitled to vote by mail, the clerk shall reject the
70	70	application, enter on the application "rejected" and the reason for
71	71	and date of rejection, [and] deliver written notice of the reason
72	72	for the rejection to the applicant at both the residence address and
73	73	mailing address on the application, and, if applicable, provide
74	74	notice of the reason for the rejection to the applicant at an e-mail
75	75	address provided on the application. A ballot may not be provided
76	76	to an applicant whose application is rejected.
77	77	(f) If an applicant provides an e-mail address on the
78	78	application, the early voting clerk may reject the application on
79	79	the basis of an error that may be corrected by e-mail under
80	80	Subsection (f-1), only if the clerk:
81	81	(1) makes a reasonable effort to contact the applicant
82	82	by e-mail at an e-mail address provided on the application; and
83	83	(2) does not receive a response before the seventh day
84	84	after the date the clerk sent the e-mail or receives a response that
85	85	does not correct the error.
86	86	(f-1) If an applicant provides an e-mail address on the
87	87	application, the applicant by e-mail may:
88	88	(1) make clerical corrections to the application,
89	89	including correcting the applicant's date of birth, correcting
90	90	spelling of the applicant's name, or providing additional
91	91	information to make corrections to an address or county of
92	92	residence; or
93	93	(2) submit to the early voting clerk a mailing
94	94	address, if the applicant has submitted an address that is not an
95	95	acceptable mailing address.
96	96	(f-2) An applicant may not change the address or county of
97	97	residence submitted on the original application to a different
98	98	address or county of residence by e-mail.
99	99	(f-3) The early voting clerk shall attach to and maintain
100	100	with the original application submissions and corrections provided
101	101	by e-mail under Subsection (f-1).
102	102	SECTION 4. Section 86.008, Election Code, is amended by
103	103	adding Subsection (e) to read as follows:
104	104	(e) The clerk is not required to mail or otherwise deliver
105	105	an official application or notice under Subsection (a) or (c) if an
106	106	applicant corrects the application by e-mail under Section
107	107	86.001(f-1).
108	108	SECTION 5. This Act takes effect September 1, 2021.