87R7846 SGM-D
By: Jetton H.B. No. 3200
A BILL TO BE ENTITLED
AN ACT
relating to the procedures following the rejection of a ballot
voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 and e-mail address, 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 space for the voter to indicate the voter's
preferred contact method.
SECTION 2. Section 87.027, Election Code, is amended by
adding Subsection (i-1) to read as follows:
(i-1) A person serving on the signature verification
committee may not correct a rejected ballot or return it to the
voter.
SECTION 3. Section 87.043, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) A person serving on the early voting ballot board may
not correct a rejected ballot or return it to the voter.
SECTION 4. Section 87.0431, Election Code, is amended by
amending Subsection (a) and adding Subsections (a-1), (a-2), and
(d) to read as follows:
(a) Not later than 24 hours after a ballot is rejected, [the
10th day after election day,] the presiding judge of the early
voting ballot board shall:
(1) notify the voter of the rejection of the voter's
ballot using the voter's preferred contact method; and
(2) inform the voter that, time permitting, the voter
may:
(A) request new balloting materials; or
(B) vote by personal appearance.
(a-1) In addition to the notice provided under Subsection
(a), the early voting ballot board shall deliver written notice of
the reason for the rejection of a ballot to the voter at the
residence address on the ballot application. If the ballot was
transmitted to the voter by e-mail under Subchapter C, Chapter 101,
the presiding judge shall also provide the notice to the e-mail
address to which the ballot was sent.
(a-2) The presiding judge of the board shall coordinate with
the early voting clerk to provide new balloting materials by mail to
a voter who makes a request under Subsection (a)(2)(A), except if
the ballot was transmitted to the voter by e-mail under Subchapter
C, Chapter 101, the presiding judge shall provide the balloting
materials by e-mail. This subsection does not apply if the
presiding judge determines that the voter will not have sufficient
time to return the new balloting materials before the deadline
prescribed by Section 86.007.
(d) Subsection (a) applies to an early voting ballot voted
by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
SECTION 5. This Act takes effect September 1, 2021.