87R7677 ADM-F
By: Oliverson H.B. No. 3080
A BILL TO BE ENTITLED
AN ACT
relating to unsolicited provision of an application form for a
ballot to be voted by mail and to procedures for verification of a
ballot voted by mail; creating a criminal offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0111 to read as follows:
Sec. 84.0111. UNSOLICITED PROVISION OF OFFICIAL
APPLICATION FORM. (a) A person commits an offense if the person
mails or otherwise provides an application form for an early voting
ballot to a person who did not solicit the form.
(b) An offense under this section is a Class A misdemeanor.
SECTION 2. Section 86.002, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) The clerk shall include with the balloting materials a
card containing a space for the voter to:
(1) place the voter's right thumbprint; and
(2) sign the card.
SECTION 3. Section 86.005(c), Election Code, is amended to
read as follows:
(c) After marking the ballot, the voter must place it in the
official ballot envelope and then seal the ballot envelope, place
the ballot envelope and the completed card described by Section
86.002(g) in the official carrier envelope and then seal the
carrier envelope, and sign the certificate on the carrier envelope.
SECTION 4. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.028 to read as follows:
Sec. 87.028. THUMBPRINT VERIFICATION. The secretary of
state shall adopt rules to facilitate the procurement of the right
thumbprint of as many registered voters as possible by entering
into agreements with the Department of Public Safety and any other
state agency the secretary of state deems appropriate. A state
agency shall cooperate with the secretary of state in fulfilling
its duties under this section.
SECTION 5. Sections 87.041(b) and (e), Election Code, are
amended to read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) [neither] the voter's signature on the ballot
application and [nor] the signature on the carrier envelope
certificate are [is] determined to be those of [have been executed
by a person other than] the voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; [and]
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) the voter returned the completed card described by
Section 86.002(g) in the carrier envelope.
(e) In making the determination under Subsection (b)(2),
the board may also:
(1) compare the signatures with any two or more
signatures of the voter made within the preceding six years and on
file with the county clerk or voter registrar to determine whether
the signatures are those of the voter; and
(2) open the carrier envelope and use the card
described by Section 86.002(g) to assist in the determination.
SECTION 6. This Act takes effect September 1, 2021.