Texas 2021 - 87th Regular

Texas House Bill HB1822 Compare Versions

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

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1	1	By: Zwiener H.B. No. 1822
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the conduct of early voting by mail.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Sections 86.006(a) and (h), Election Code, are
9	9	amended to read as follows:
10	10	(a) Except as provided by Section 86.0061, a [A] marked
11	11	ballot voted under this chapter must be returned to the early voting
12	12	clerk in the official carrier envelope. The carrier envelope may be
13	13	delivered in another envelope and must be transported and delivered
14	14	only by:
15	15	(1) mail;
16	16	(2) common or contract carrier; or
17	17	(3) [subject to Subsection (a-1),] in-person
18	18	delivery, as provided by Section 86.0061, by the voter who voted the
19	19	ballot.
20	20	(h) A ballot returned in violation of this section or
21	21	Section 86.0061 may not be counted. If the early voting clerk
22	22	determines that the ballot was returned in violation of this
23	23	section or Section 86.0061, the clerk shall make a notation on the
24	24	carrier envelope and treat it as a ballot not timely returned in
25	25	accordance with Section 86.011(c). If the ballot is returned before
26	26	the end of the period for early voting by personal appearance, the
27	27	early voting clerk shall promptly mail or otherwise deliver to the
28	28	voter a written notice informing the voter that:
29	29	(1) the voter's ballot will not be counted because of a
30	30	violation of this code; and
31	31	(2) the voter may vote if otherwise eligible at an
32	32	early voting polling place or the election day precinct polling
33	33	place on presentation of the notice.
34	34	SECTION 2. Chapter 86, Election Code, is amended by adding
35	35	Section 86.0061 to read as follows:
36	36	Sec. 86.0061. METHOD OF RETURNING MARKED BALLOT: PERSONAL
37	37	DELIVERY. (a) During the early voting period, a person may deliver
38	38	a marked ballot voted under this chapter in person to:
39	39	(1) the early voting clerk's office; or
40	40	(2) an election officer at an early voting polling
41	41	place where the voter who marked the ballot is eligible to vote an
42	42	early voting ballot by personal appearance.
43	43	(b) While the polls are open on election day, a person may
44	44	deliver a marked ballot voted under this chapter to the early voting
45	45	clerk's office.
46	46	(c) An election officer shall make a reasonable effort to
47	47	assist a person delivering a marked ballot to a polling place under
48	48	this section before the officer assists a person offering to vote in
49	49	person at the polling place.
50	50	(d) A person may deliver under this section only the
51	51	person's own marked ballot.
52	52	(e) A voter who delivers the voter's ballot under this
53	53	section must present the documentation required under Section
54	54	63.001.
55	55	(f) The secretary of state may prescribe procedures
56	56	necessary to implement this section.
57	57	SECTION 3. Section 86.007, Election Code, is amended by
58	58	amending Subsection (a) and adding Subsection (d-2) to read as
59	59	follows:
60	60	(a) Except as provided by Subsection (d) or (d-2), a marked
61	61	ballot voted by mail must arrive at the address on the carrier
62	62	envelope:
63	63	(1) before the time the polls are required to close on
64	64	election day; or
65	65	(2) not later than 5 p.m. on the day after election
66	66	day, if the carrier envelope was placed for delivery by mail or
67	67	common or contract carrier before election day and bears a
68	68	cancellation mark of a common or contract carrier or a courier
69	69	indicating a time not later than 7 p.m. at the location of the
70	70	election on election day.
71	71	(d-2) A marked ballot voted under this chapter and delivered
72	72	in person under Section 86.0061 is timely if delivered to the early
73	73	voting clerk's office before the time the polls are required to
74	74	close on election day.
75	75	SECTION 4. Chapter 86, Election Code, is amended by adding
76	76	Section 86.015 to read as follows:
77	77	Sec. 86.015. ELECTRONIC TRACKING OF APPLICATION FOR BALLOT
78	78	VOTED BY MAIL OR OF BALLOT VOTED BY MAIL. (a) The secretary of
79	79	state shall permit a person who submits an application for a ballot
80	80	to be voted by mail to track the location and status of the person's
81	81	application and ballot on the secretary of state's public Internet
82	82	website.
83	83	(b) To comply with Subsection (a), the secretary of state
84	84	must update its public Internet website appropriately as soon as
85	85	practicable after each of the following events occurs:
86	86	(1) receipt by the early voting clerk of a person's
87	87	application for a ballot to be voted by mail;
88	88	(2) placement in the mail by the early voting clerk of
89	89	a person's official ballot;
90	90	(3) receipt by the early voting clerk of a person's
91	91	marked ballot; and
92	92	(4) whether the person's marked ballot has been
93	93	accepted or rejected.
94	94	(c) The secretary of state shall prescribe procedures as
95	95	necessary to implement this section.
96	96	SECTION 5. Subchapter B, Chapter 87, Election Code, is
97	97	amended by adding Section 87.0271 to read as follows:
98	98	Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
99	99	VERIFICATION COMMITTEE. (a) This section applies to an early
100	100	voting ballot voted by mail:
101	101	(1) for which the voter did not sign the carrier
102	102	envelope certificate; or
103	103	(2) for which it cannot be determined whether the
104	104	signature on the carrier envelope certificate is that of the voter.
105	105	(b) Before deciding whether to accept or reject a timely
106	106	delivered ballot under Section 87.027, the signature verification
107	107	committee shall:
108	108	(1) return the carrier envelope to the voter by mail,
109	109	if the voter did not sign the carrier envelope certificate and the
110	110	signature verification committee determines that it would be
111	111	possible to sign and return the carrier envelope before the fifth
112	112	day after election day; or
113	113	(2) notify the voter of the defect by telephone or
114	114	e-mail and inform the voter that the voter may come to the early
115	115	voting clerk's office in person before the fifth day after election
116	116	day to:
117	117	(A) sign the carrier envelope certificate; or
118	118	(B) affirm that the ballot was submitted by the
119	119	voter.
120	120	(c) A voter may not correct a defect under this section
121	121	later than the fifth day after election day.
122	122	(d) A poll watcher is entitled to observe an action taken
123	123	under Subsection (b).
124	124	(e) The secretary of state may prescribe any procedures
125	125	necessary to implement this section.
126	126	SECTION 6. Subchapter C, Chapter 87, Election Code, is
127	127	amended by adding Section 87.0411 to read as follows:
128	128	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
129	129	BALLOT BOARD. (a) This section applies to an early voting ballot
130	130	voted by mail:
131	131	(1) for which the voter did not sign the carrier
132	132	envelope certificate; or
133	133	(2) for which it cannot be determined whether the
134	134	signature on the carrier envelope certificate is that of the voter.
135	135	(b) Before deciding whether to accept or reject a timely
136	136	delivered ballot under Section 87.041, the early voting ballot
137	137	board shall:
138	138	(1) return the carrier envelope to the voter by mail,
139	139	if the voter did not sign the carrier envelope certificate and the
140	140	early voting ballot board determines that it would be possible to
141	141	sign and return the carrier envelope before the fifth day after
142	142	election day; or
143	143	(2) notify the voter of the defect by telephone or
144	144	e-mail and inform the voter that the voter may come to the early
145	145	voting clerk's office in person before the fifth day after election
146	146	day to:
147	147	(A) sign the carrier envelope certificate; or
148	148	(B) affirm that the ballot was submitted by the
149	149	voter.
150	150	(c) A voter may not correct a defect under this section
151	151	later than the fifth day after election day.
152	152	(d) A poll watcher is entitled to observe an action taken
153	153	under Subsection (b).
154	154	(e) The secretary of state may prescribe any procedures
155	155	necessary to implement this section.
156	156	SECTION 7. Section 86.006(a-1), Election Code, is repealed.
157	157	SECTION 8. The changes in law made by this Act apply only to
158	158	an offense committed on or after the effective date of this Act. An
159	159	offense committed before the effective date of this Act is governed
160	160	by the law in effect on the date the offense was committed, and the
161	161	former law is continued in effect for that purpose. For purposes of
162	162	this section, an offense was committed before the effective date of
163	163	this Act if any element of the offense occurred before that date.
164	164	SECTION 9. This Act takes effect September 1, 2021.