Texas 2021 - 87th Regular

Texas House Bill HB3488 Compare Versions

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1	1	By: Parker H.B. No. 3488
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to identification requirements for early voting by mail.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 84.001(c), Election Code, is amended to
9	9	read as follows:
10	10	(c) An applicant must [is not required to] use an official
11	11	application form described by Section 84.011.
12	12	SECTION 2. Section 84.002(a), Election Code, is amended to
13	13	read as follows:
14	14	(a) An early voting ballot application must include:
15	15	(1) the applicant's name and the address at which the
16	16	applicant is registered to vote;
17	17	(1-a) the following information:
18	18	(A) the number of the applicant's election
19	19	identification certificate or unexpired driver's license or
20	20	personal identification card issued by the Department of Public
21	21	Safety;
22	22	(B) the applicant's voter registration number;
23	23	(C) the number of the applicant's unexpired
24	24	United States passport; or
25	25	(D) the applicant's social security number;
26	26	(2) for an application for a ballot to be voted by mail
27	27	on the ground of absence from the county of residence, the address
28	28	outside the applicant's county of residence to which the ballot is
29	29	to be mailed;
30	30	(3) for an application for a ballot to be voted by mail
31	31	on the ground of age or disability, the address of the hospital,
32	32	nursing home or other long-term care facility, or retirement
33	33	center, or of a person related to the applicant within the second
34	34	degree by affinity or the third degree by consanguinity, as
35	35	determined under Chapter 573, Government Code, if the applicant is
36	36	living at that address and that address is different from the
37	37	address at which the applicant is registered to vote;
38	38	(4) for an application for a ballot to be voted by mail
39	39	on the ground of confinement in jail, the address of the jail or of a
40	40	person related to the applicant within the degree described by
41	41	Subdivision (3);
42	42	(5) for an application for a ballot to be voted by mail
43	43	on any ground, an indication of each election for which the
44	44	applicant is applying for a ballot; and
45	45	(6) an indication of the ground of eligibility for
46	46	early voting.
47	47	SECTION 3. Section 84.011(a), Election Code, is amended to
48	48	read as follows:
49	49	(a) The officially prescribed application form for an early
50	50	voting ballot must include:
51	51	(1) immediately preceding the signature space the
52	52	statement: "I certify that the information given in this
53	53	application is true, and I understand that giving false information
54	54	in this application is a crime.";
55	55	(2) a statement informing the applicant of the
56	56	offenses prescribed by Sections 84.003 and 84.004;
57	57	(3) a space [spaces] for entering an applicant's
58	58	[voter registration number and] county election precinct of
59	59	registration, with a statement informing the applicant that failure
60	60	to furnish that information does not invalidate the application;
61	61	(3-a) a space for entering the information required
62	62	under Section 84.002(a)(1-a); and
63	63	(4) on an application for a ballot to be voted by mail:
64	64	(A) a space for an applicant applying on the
65	65	ground of absence from the county of residence to indicate the date
66	66	on or after which the applicant can receive mail at the address
67	67	outside the county;
68	68	(B) a space for indicating the fact that an
69	69	applicant whose application is signed by a witness cannot make the
70	70	applicant's mark and a space for indicating the relationship or
71	71	lack of relationship of the witness to the applicant;
72	72	(C) a space for entering an applicant's telephone
73	73	number, with a statement informing the applicant that failure to
74	74	furnish that information does not invalidate the application;
75	75	(D) a space or box for an applicant applying on
76	76	the ground of age or disability to indicate that the address to
77	77	which the ballot is to be mailed is the address of a facility or
78	78	relative described by Section 84.002(a)(3), if applicable;
79	79	(E) a space or box for an applicant applying on
80	80	the ground of confinement in jail to indicate that the address to
81	81	which the ballot is to be mailed is the address of a relative
82	82	described by Section 84.002(a)(4), if applicable;
83	83	(F) a space for an applicant applying on the
84	84	ground of age or disability to indicate if the application is an
85	85	application under Section 86.0015;
86	86	(G) spaces for entering the signature, printed
87	87	name, and residence address of any person assisting the applicant;
88	88	(H) a statement informing the applicant of the
89	89	condition prescribed by Section 81.005; and
90	90	(I) a statement informing the applicant of the
91	91	requirement prescribed by Section 86.003(c).
92	92	SECTION 4. Section 86.001, Election Code, is amended by
93	93	adding Subsection (f) to read as follows:
94	94	(f) If the application does not include the information
95	95	required under Section 84.002(a)(1-a), the clerk shall reject the
96	96	application.
97	97	SECTION 5. Section 86.002, Election Code, is amended by
98	98	adding Subsections (g) and (h) to read as follows:
99	99	(g) The ballot envelope must include a space for the voter
100	100	to enter the following information:
101	101	(1) the number of the voter's election identification
102	102	certificate or unexpired driver's license or personal
103	103	identification card issued by the Department of Public Safety;
104	104	(2) the voter's voter registration number;
105	105	(3) the number of the voter's unexpired United States
106	106	passport; or
107	107	(4) the voter's social security number.
108	108	(h) No record associating an individual voter with a ballot
109	109	may be created.
110	110	SECTION 6. Section 87.041(b), Election Code, is amended to
111	111	read as follows:
112	112	(b) A ballot may be accepted only if:
113	113	(1) the carrier envelope certificate is properly
114	114	executed;
115	115	(2) neither the voter's signature on the ballot
116	116	application nor the signature on the carrier envelope certificate
117	117	is determined to have been executed by a person other than the
118	118	voter, unless signed by a witness;
119	119	(3) the voter's ballot application states a legal
120	120	ground for early voting by mail;
121	121	(4) the voter is registered to vote, if registration
122	122	is required by law;
123	123	(5) the address to which the ballot was mailed to the
124	124	voter, as indicated by the application, was outside the voter's
125	125	county of residence, if the ground for early voting is absence from
126	126	the county of residence;
127	127	(6) for a voter to whom a statement of residence form
128	128	was required to be sent under Section 86.002(a), the statement of
129	129	residence is returned in the carrier envelope and indicates that
130	130	the voter satisfies the residence requirements prescribed by
131	131	Section 63.0011; [and]
132	132	(7) the address to which the ballot was mailed to the
133	133	voter is an address that is otherwise required by Sections 84.002
134	134	and 86.003; and
135	135	(8) the voter has provided the information required
136	136	under Section 86.002(g).
137	137	SECTION 7. The changes in law made by this Act apply only to
138	138	an application to vote an early voting ballot by mail submitted on
139	139	or after the effective date of this Act. An application to vote an
140	140	early voting ballot by mail submitted before the effective date of
141	141	this Act is governed by the law in effect when the application was
142	142	submitted, and the former law is continued in effect for that
143	143	purpose.
144	144	SECTION 8. This Act takes effect September 1, 2021.