87R4962 SGM-D
By: Bucy H.B. No. 3525
A BILL TO BE ENTITLED
AN ACT
relating to the verification of an application or 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 box for the applicant to indicate
whether the applicant consents to receive text messages relating to
the application, and 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).
SECTION 2. Section 86.001, Election Code, is amended by
adding Subsections (f) and (f-1) to read as follows:
(f) The early voting clerk, before rejecting an
application, shall within 24 hours of receiving a defective
application contact the applicant using any e-mail address or
telephone number provided on the application to notify the
applicant of the defect. The applicant may make clerical
corrections to the application by e-mail, telephone, or text
message, including correcting the applicant's date of birth,
correcting the spelling of the applicant's name, or providing
additional information to make corrections to an address or county
of residence. If an applicant has submitted an address that is not
an acceptable mailing address, the applicant may submit to the
early voting clerk a mailing address by e-mail. If the early voting
clerk does not receive a response before the fourth day after the
date the clerk contacted the applicant, the clerk may reject the
application. The early voting clerk shall attach to and maintain
with the original application submissions and corrections provided
by e-mail, telephone, or text message under this subsection.
(f-1) An applicant may not change the address or county of
residence submitted on the original application to a different
address or county of residence by e-mail, telephone, or text
message.
SECTION 3. Chapter 86, Election Code, is amended by adding
Section 86.015 to read as follows:
Sec. 86.015. ELECTRONIC TRACKING FOR BALLOT VOTED BY MAIL.
(a) The secretary of state shall develop and maintain an electronic
system that allows a voter, through a link on the Internet website
of the early voting clerk, to access the database created under
Section 87.064 to monitor the status of the voter's ballot voted by
mail.
(b) The system developed under Subsection (a) must require
the voter to provide, before permitting the voter to access
information described by that subsection:
(1) the voter's name and registration address; and
(2) the voter's:
(A) driver's license number;
(B) personal identification card number issued
by the Department of Public Safety; or
(C) date of birth.
(c) The system developed under Subsection (a) must update
information accessible from the database created under Section
87.064 as soon as practicable but not later than 11 a.m. the day
after each of the following events occurs:
(1) receipt by the early voting clerk of the person's
marked ballot; and
(2) acceptance or rejection by the early voting ballot
board of a person's marked ballot, including any reason for
rejection.
(d) The information contained in Subsection (c) is public
information for the purposes of Chapter 552, Government Code.
SECTION 4. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section 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; or
(3) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a ballot
under Section 87.027, the signature verification committee shall
immediately contact the voter or witness, as appropriate, to advise
the voter or witness of the defect and include detailed
instructions regarding how to correct the defect in person at the
early voting clerk's office.
(c) Subsection (b) does not apply if the signature
verification committee determines that it would be impossible to
correct the defect before the fourth day after election day.
(d) The secretary of state may adopt rules to implement this
section.
SECTION 5. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section 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; or
(3) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a ballot
under Section 87.041, the early voting ballot board shall
immediately contact the voter or witness, as appropriate, to advise
the voter or witness of the defect and include detailed
instructions regarding how to correct the defect in person at the
early voting clerk's office.
(c) Subsection (b) does not apply if the early voting ballot
board determines that it would be impossible to correct the defect
before the fourth day after election day.
(d) The secretary of state may adopt rules to implement this
section.
SECTION 6. Subchapter D, Chapter 87, Election Code, is
amended by adding Section 87.064 to read as follows:
Sec. 87.064. DAILY STATUS REPORT ON EARLY VOTING BALLOTS BY
MAIL. (a) Each day that early voting by personal appearance is
conducted, the early voting ballot board shall compile a list of
voters who voted early by mail and deliver it to the secretary of
state. The information contained on the list is public information
for the purposes of Chapter 552, Government Code. The list shall
contain for each person to whom a ballot to be voted by mail was
provided:
(1) the voter's name and registration number;
(2) whether the voter's early voting ballot by mail was
received;
(3) to the extent applicable to the election, whether
the signature verification committee has determined the signatures
are not those of the voter;
(4) whether the early voting ballot by mail has been
accepted or rejected by the early voting board; and
(5) if rejected, the reason for the rejection.
(b) The secretary of state shall, on a daily basis, compile
the data received under Subsection (a) into a downloadable database
format and post the data on the secretary's public Internet
website.
SECTION 7. The changes in law made by Section 3 of this Act
apply beginning with an application for a ballot to be voted by mail
for an election held on or after January 1, 2022.
SECTION 8. This Act takes effect September 1, 2021.