By: Zwiener H.B. No. 1822
A BILL TO BE ENTITLED
AN ACT
relating to the conduct of early voting by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 86.006(a) and (h), Election Code, are
amended to read as follows:
(a) Except as provided by Section 86.0061, a [A] marked
ballot voted under this chapter must be returned to the early voting
clerk in the official carrier envelope. The carrier envelope may be
delivered in another envelope and must be transported and delivered
only by:
(1) mail;
(2) common or contract carrier; or
(3) [subject to Subsection (a-1),] in-person
delivery, as provided by Section 86.0061, by the voter who voted the
ballot.
(h) A ballot returned in violation of this section or
Section 86.0061 may not be counted. If the early voting clerk
determines that the ballot was returned in violation of this
section or Section 86.0061, the clerk shall make a notation on the
carrier envelope and treat it as a ballot not timely returned in
accordance with Section 86.011(c). If the ballot is returned before
the end of the period for early voting by personal appearance, the
early voting clerk shall promptly mail or otherwise deliver to the
voter a written notice informing the voter that:
(1) the voter's ballot will not be counted because of a
violation of this code; and
(2) the voter may vote if otherwise eligible at an
early voting polling place or the election day precinct polling
place on presentation of the notice.
SECTION 2. Chapter 86, Election Code, is amended by adding
Section 86.0061 to read as follows:
Sec. 86.0061. METHOD OF RETURNING MARKED BALLOT: PERSONAL
DELIVERY. (a) During the early voting period, a person may deliver
a marked ballot voted under this chapter in person to:
(1) the early voting clerk's office; or
(2) an election officer at an early voting polling
place where the voter who marked the ballot is eligible to vote an
early voting ballot by personal appearance.
(b) While the polls are open on election day, a person may
deliver a marked ballot voted under this chapter to the early voting
clerk's office.
(c) An election officer shall make a reasonable effort to
assist a person delivering a marked ballot to a polling place under
this section before the officer assists a person offering to vote in
person at the polling place.
(d) A person may deliver under this section only the
person's own marked ballot.
(e) A voter who delivers the voter's ballot under this
section must present the documentation required under Section
63.001.
(f) The secretary of state may prescribe procedures
necessary to implement this section.
SECTION 3. Section 86.007, Election Code, is amended by
amending Subsection (a) and adding Subsection (d-2) to read as
follows:
(a) Except as provided by Subsection (d) or (d-2), a marked
ballot voted by mail must arrive at the address on the carrier
envelope:
(1) before the time the polls are required to close on
election day; or
(2) not later than 5 p.m. on the day after election
day, if the carrier envelope was placed for delivery by mail or
common or contract carrier before election day and bears a
cancellation mark of a common or contract carrier or a courier
indicating a time not later than 7 p.m. at the location of the
election on election day.
(d-2) A marked ballot voted under this chapter and delivered
in person under Section 86.0061 is timely if delivered to the early
voting clerk's office before the time the polls are required to
close on election day.
SECTION 4. Chapter 86, Election Code, is amended by adding
Section 86.015 to read as follows:
Sec. 86.015. ELECTRONIC TRACKING OF APPLICATION FOR BALLOT
VOTED BY MAIL OR OF BALLOT VOTED BY MAIL. (a) The secretary of
state shall permit a person who submits an application for a ballot
to be voted by mail to track the location and status of the person's
application and ballot on the secretary of state's public Internet
website.
(b) To comply with Subsection (a), the secretary of state
must update its public Internet website appropriately as soon as
practicable after each of the following events occurs:
(1) receipt by the early voting clerk of a person's
application for a ballot to be voted by mail;
(2) placement in the mail by the early voting clerk of
a person's official ballot;
(3) receipt by the early voting clerk of a person's
marked ballot; and
(4) whether the person's marked ballot has been
accepted or rejected.
(c) The secretary of state shall prescribe procedures as
necessary to implement this section.
SECTION 5. 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 6. 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 7. Section 86.006(a-1), Election Code, is repealed.
SECTION 8. The changes in law made by this Act apply only to
an offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect on the date the offense was committed, and the
former law is continued in effect for that purpose. For purposes of
this section, an offense was committed before the effective date of
this Act if any element of the offense occurred before that date.
SECTION 9. This Act takes effect September 1, 2021.