87R9333 TSS-D
By: Harris H.B. No. 2478
A BILL TO BE ENTITLED
AN ACT
relating to identification requirements for early voting by mail;
providing a penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.002, Election Code, is amended by
amending Subsection (a) and adding Subsections (c) and (d) to read
as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(1-a) a photograph or copy of:
(A) one form of photo identification listed in
Section 63.0101(a); or
(B) one form of identification listed in Section
63.0101(b) accompanied by a declaration of reasonable impediment as
described in Section 63.001(i);
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, the address of the hospital,
nursing home or other long-term care facility, or retirement
center, or of a person related to the applicant within the second
degree by affinity or the third degree by consanguinity, as
determined under Chapter 573, Government Code, if the applicant is
living at that address and that address is different from the
address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot; and
(6) an indication of the ground of eligibility for
early voting.
(c) A person is subject to prosecution for perjury under
Chapter 37, Penal Code, or Section 63.0013 for a false statement or
false information on a document executed under this section.
(d) Section 63.0101(c) applies to documentation provided
under this section.
SECTION 2. 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, 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); and
(J) a statement informing the applicant of the
requirement that the applicant include a photograph or copy of
identification described by Section 84.002(a)(1-a); and
(5) any forms that may be required to meet the
identification requirements of Section 84.002.
SECTION 3. Section 86.001, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) If the application does not include a photograph or copy
of one form of photo identification listed in Section 63.0101(a) or
one form of identification listed in Section 63.0101(b) accompanied
by a declaration of reasonable impediment, the clerk shall reject
the application.
SECTION 4. Section 86.002(c), Election Code, is amended to
read as follows:
(c) The clerk shall enter on a carrier envelope the voter's
name in printed form, a notation that a statement of residence is
enclosed, if applicable, a statement that the voter must include a
photograph or copy of the voter's identification under Section
86.005(c)(4), and any other information the clerk determines
necessary for proper processing of the ballot.
SECTION 5. Section 86.003, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) The ballot materials provided under this section must
include any forms that may be required to meet the identification
requirements of Section 86.005(c)(4).
SECTION 6. Section 86.005(c), Election Code, is amended to
read as follows:
(c) After marking the ballot, the voter must:
(1) place the ballot [it] in the official ballot
envelope;
(2) [and then] seal the ballot envelope;
(3) [,] place the ballot envelope in the official
carrier envelope;
(4) place in the carrier envelope a photograph or copy
of:
(A) one form of photo identification listed in
Section 63.0101(a); or
(B) one form of identification listed in Section
63.0101(b) accompanied by a declaration of reasonable impediment as
described in Section 63.001(i);
(5) [and then] seal the carrier envelope; [,] and
(6) sign the certificate on the carrier envelope.
SECTION 7. The changes in law made by this Act apply only to
an application to vote an early voting ballot by mail submitted on
or after the effective date of this Act. An application to vote an
early voting ballot by mail submitted before the effective date of
this Act is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2021.