87R5842 BRG-D
By: Toth H.B. No. 1979
A BILL TO BE ENTITLED
AN ACT
relating to identification of early voting ballots voted by mail by
electronic code.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 52, Election Code, is
amended by adding Section 52.076 to read as follows:
Sec. 52.076. IDENTIFYING CODE FOR MAIL-IN BALLOTS. (a) Each
early voting ballot voted by mail must include a unique code
readable by an electronic device that may be used to verify the
authenticity of the ballot.
(b) No record associating an individual voter with a code
assigned to a ballot under this section may be created.
(c) The secretary of state by rule shall provide for the
design and distribution of a unique code system in a manner that, to
the greatest extent possible, prevents the unauthorized
reproduction or misuse of mail ballots.
SECTION 2. Section 86.001, Election Code, is amended by
adding Subsection (h) to read as follows:
(h) Before the clerk provides a ballot to an applicant, the
clerk shall identify the unique code included on each ballot with an
electronic device and make a record indicating that a ballot with
the unique code was issued.
SECTION 3. Section 87.062, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The early voting ballot board shall identify the
unique code included on each ballot with an electronic device and
compare the code on the ballot to the codes recorded by the early
voting clerk under Section 86.001(h). If the code does not match a
recorded code, the early voting ballot board may not count the
ballot. Ballots not counted under this section shall be placed in an
envelope and treated in the same manner as rejected ballots under
Section 87.043.
SECTION 4. Section 87.103, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The unique code included on each ballot must be
identified by an electronic device and if the code on the ballot
does not match a code recorded by the early voting clerk under
Section 86.001(h), the ballot may not be counted. Ballots not
counted under this section shall be placed in an envelope and
treated in the same manner as rejected ballots under Section
87.043.
SECTION 5. This Act takes effect September 1, 2021.