Texas 2021 - 87th Regular

Texas House Bill HB3080 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R7677 ADM-F
2		-	By: Oliverson, Bell of Montgomery, Metcalf, H.B. No. 3080
3		-	Swanson, Huberty, et al.
	2	+	By: Oliverson H.B. No. 3080
4	3
5	4
6	5		A BILL TO BE ENTITLED
7	6		AN ACT
8	7		relating to unsolicited provision of an application form for a
9	8		ballot to be voted by mail and to procedures for verification of a
10	9		ballot voted by mail; creating a criminal offense.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Subchapter A, Chapter 84, Election Code, is
13	12		amended by adding Section 84.0111 to read as follows:
14	13		Sec. 84.0111. UNSOLICITED PROVISION OF OFFICIAL
15	14		APPLICATION FORM. (a) A person commits an offense if the person
16	15		mails or otherwise provides an application form for an early voting
17	16		ballot to a person who did not solicit the form.
18	17		(b) An offense under this section is a Class A misdemeanor.
19	18		SECTION 2. Section 86.002, Election Code, is amended by
20	19		adding Subsection (g) to read as follows:
21	20		(g) The clerk shall include with the balloting materials a
22	21		card containing a space for the voter to:
23	22		(1) place the voter's right thumbprint; and
24	23		(2) sign the card.
25	24		SECTION 3. Section 86.005(c), Election Code, is amended to
26	25		read as follows:
27	26		(c) After marking the ballot, the voter must place it in the
28	27		official ballot envelope and then seal the ballot envelope, place
29	28		the ballot envelope and the completed card described by Section
30	29		86.002(g) in the official carrier envelope and then seal the
31	30		carrier envelope, and sign the certificate on the carrier envelope.
32	31		SECTION 4. Subchapter B, Chapter 87, Election Code, is
33	32		amended by adding Section 87.028 to read as follows:
34	33		Sec. 87.028. THUMBPRINT VERIFICATION. The secretary of
35	34		state shall adopt rules to facilitate the procurement of the right
36	35		thumbprint of as many registered voters as possible by entering
37	36		into agreements with the Department of Public Safety and any other
38	37		state agency the secretary of state deems appropriate. A state
39	38		agency shall cooperate with the secretary of state in fulfilling
40	39		its duties under this section.
41	40		SECTION 5. Sections 87.041(b) and (e), Election Code, are
42	41		amended to read as follows:
43	42		(b) A ballot may be accepted only if:
44	43		(1) the carrier envelope certificate is properly
45	44		executed;
46	45		(2) [neither] the voter's signature on the ballot
47	46		application and [nor] the signature on the carrier envelope
48	47		certificate are [is] determined to be those of [have been executed
49	48		by a person other than] the voter, unless signed by a witness;
50	49		(3) the voter's ballot application states a legal
51	50		ground for early voting by mail;
52	51		(4) the voter is registered to vote, if registration
53	52		is required by law;
54	53		(5) the address to which the ballot was mailed to the
55	54		voter, as indicated by the application, was outside the voter's
56	55		county of residence, if the ground for early voting is absence from
57	56		the county of residence;
58	57		(6) for a voter to whom a statement of residence form
59	58		was required to be sent under Section 86.002(a), the statement of
60	59		residence is returned in the carrier envelope and indicates that
61	60		the voter satisfies the residence requirements prescribed by
62	61		Section 63.0011; [and]
63	62		(7) the address to which the ballot was mailed to the
64	63		voter is an address that is otherwise required by Sections 84.002
65	64		and 86.003; and
66	65		(8) the voter returned the completed card described by
67	66		Section 86.002(g) in the carrier envelope.
68	67		(e) In making the determination under Subsection (b)(2),
69	68		the board may also:
70	69		(1) compare the signatures with any two or more
71	70		signatures of the voter made within the preceding six years and on
72	71		file with the county clerk or voter registrar to determine whether
73	72		the signatures are those of the voter; and
74	73		(2) open the carrier envelope and use the card
75	74		described by Section 86.002(g) to assist in the determination.
76	75		SECTION 6. This Act takes effect September 1, 2021.