87R2411 BRG-D
By: González of Dallas H.B. No. 1807
A BILL TO BE ENTITLED
AN ACT
relating to the use of an applicant's e-mail address on a vote by
mail application.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant applying on the
ground of absence from the county of residence to indicate the date
on or after which the applicant can receive mail at the address
outside the county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number and e-mail address, with a statement informing the applicant
that failure to furnish that information does not invalidate the
application;
(D) a space or box for an applicant applying on
the ground of age or disability to indicate that the address to
which the ballot is to be mailed is the address of a facility or
relative described by Section 84.002(a)(3), if applicable;
(E) a space or box for an applicant applying on
the ground of confinement in jail to indicate that the address to
which the ballot is to be mailed is the address of a relative
described by Section 84.002(a)(4), if applicable;
(F) a space for an applicant applying on the
ground of age or disability to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 2. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.015 to read as follows:
Sec. 84.015. CONFIDENTIALITY AND USE OF E-MAIL ADDRESS.
(a) An e-mail address provided under this subchapter for the
purpose of applying for an early voting ballot is confidential and
does not constitute public information for purposes of Chapter 552,
Government Code. The early voting clerk shall ensure that a voter's
e-mail address provided under this subchapter is excluded from
public disclosure.
(b) The early voting clerk may only use an e-mail address
provided under this subchapter for the purposes of Section 86.001.
SECTION 3. Section 86.001, Election Code, is amended by
amending Subsection (c) and adding Subsections (f), (f-1), (f-2),
and (f-3) to read as follows:
(c) Except as provided by Section 86.008, if the applicant
is not entitled to vote by mail, the clerk shall reject the
application, enter on the application "rejected" and the reason for
and date of rejection, [and] deliver written notice of the reason
for the rejection to the applicant at both the residence address and
mailing address on the application, and, if applicable, provide
notice of the reason for the rejection to the applicant at an e-mail
address provided on the application. A ballot may not be provided
to an applicant whose application is rejected.
(f) If an applicant provides an e-mail address on the
application, the early voting clerk may reject the application on
the basis of an error that may be corrected by e-mail under
Subsection (f-1), only if the clerk:
(1) makes a reasonable effort to contact the applicant
by e-mail at an e-mail address provided on the application; and
(2) does not receive a response before the seventh day
after the date the clerk sent the e-mail or receives a response that
does not correct the error.
(f-1) If an applicant provides an e-mail address on the
application, the applicant by e-mail may:
(1) make clerical corrections to the application,
including correcting the applicant's date of birth, correcting
spelling of the applicant's name, or providing additional
information to make corrections to an address or county of
residence; or
(2) submit to the early voting clerk a mailing
address, if the applicant has submitted an address that is not an
acceptable mailing address.
(f-2) An applicant may not change the address or county of
residence submitted on the original application to a different
address or county of residence by e-mail.
(f-3) The early voting clerk shall attach to and maintain
with the original application submissions and corrections provided
by e-mail under Subsection (f-1).
SECTION 4. Section 86.008, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) The clerk is not required to mail or otherwise deliver
an official application or notice under Subsection (a) or (c) if an
applicant corrects the application by e-mail under Section
86.001(f-1).
SECTION 5. This Act takes effect September 1, 2021.