Texas 2021 - 87th Regular

Texas House Bill HB3874 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R12175 SGM-D
2	2	By: Bucy H.B. No. 3874
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the transmission of balloting materials to certain
8	8	disabled voters.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle B, Title 7, Election Code, is amended by
11	11	adding Chapter 101A to read as follows:
12	12	CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING
13	13	MATERIALS TO DISABLED VOTERS
14	14	Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING
15	15	MATERIALS. (a) A person eligible to vote under Section 82.002 may
16	16	request from the appropriate early voting clerk e-mail transmission
17	17	of balloting materials under this chapter.
18	18	(b) The early voting clerk shall grant a request made under
19	19	this section for the e-mail transmission of balloting materials if:
20	20	(1) the requestor has submitted a valid application
21	21	for a ballot to be voted by mail on the ground of disability;
22	22	(2) the requestor provides an e-mail address with the
23	23	request;
24	24	(3) the request is submitted on or before the seventh
25	25	day before the date of the election; and
26	26	(4) a marked ballot for the election from the
27	27	requestor has not been received by the early voting clerk.
28	28	Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An
29	29	e-mail address used under this chapter to request balloting
30	30	materials is confidential and does not constitute public
31	31	information for purposes of Chapter 552, Government Code. An early
32	32	voting clerk shall ensure that a voter's e-mail address provided
33	33	under this chapter is excluded from public disclosure.
34	34	Sec. 101A.003. ELECTIONS COVERED. Balloting materials may
35	35	be sent by e-mail under this chapter for any election in which the
36	36	voter who registers under this chapter is eligible to vote.
37	37	Sec. 101A.004. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
38	38	Balloting materials to be sent by e-mail under this chapter
39	39	include:
40	40	(1) the appropriate ballot;
41	41	(2) ballot instructions, including instructions that
42	42	inform a voter that the ballot must be returned by mail to be
43	43	counted;
44	44	(3) instructions prescribed by the secretary of state
45	45	on how to create a carrier envelope or signature sheet for the
46	46	ballot; and
47	47	(4) a list of certified write-in candidates, if
48	48	applicable.
49	49	Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The
50	50	balloting materials may be provided by e-mail to the voter in PDF
51	51	format, through a scanned format, or by any other method of
52	52	electronic transmission authorized by the secretary of state in
53	53	writing.
54	54	(b) The secretary of state shall prescribe procedures for
55	55	the retransmission of balloting materials following an
56	56	unsuccessful transmission of the materials to a voter.
57	57	Sec. 101A.006. RETURN OF BALLOT. (a) A voter who receives
58	58	a ballot under this chapter must return the ballot in the same
59	59	manner as required under Section 101.057 except that a voter who
60	60	completes a signature sheet is not required to complete a carrier
61	61	envelope. Except as provided by Chapter 105, the voter may not
62	62	return the ballot by electronic transmission.
63	63	(b) A ballot that is not returned as required by Subsection
64	64	(a) is considered a ballot not timely returned and is not sent to
65	65	the early voting ballot board for processing.
66	66	(c) The deadline for the return of a ballot under this
67	67	section is the same deadline as provided in Section 86.007.
68	68	Sec. 101A.007. RULES. The secretary of state may adopt
69	69	rules as necessary to implement this chapter.
70	70	SECTION 2. Section 87.0223(a), Election Code, is amended to
71	71	read as follows:
72	72	(a) If the early voting clerk has provided a voter a ballot
73	73	to be voted by mail by both regular mail and e-mail under Chapter
74	74	101A or Subchapter C, Chapter 101, the clerk may not deliver a
75	75	jacket envelope containing the early voting ballot voted by mail by
76	76	the voter to the board until:
77	77	(1) both ballots are returned; or
78	78	(2) the deadline for returning marked ballots under
79	79	Section 86.007 has passed.
80	80	SECTION 3. Section 87.0431(a), Election Code, is amended to
81	81	read as follows:
82	82	(a) Not later than the 10th day after election day, the
83	83	presiding judge of the early voting ballot board shall deliver
84	84	written notice of the reason for the rejection of a ballot to the
85	85	voter at the residence address on the ballot application. If the
86	86	ballot was transmitted to the voter by e-mail under Chapter 101A or
87	87	Subchapter C, Chapter 101, the presiding judge shall also provide
88	88	the notice to the e-mail address to which the ballot was sent.
89	89	SECTION 4. The changes in law made by this Act apply only to
90	90	an election ordered on or after the effective date of this Act.
91	91	SECTION 5. This Act takes effect September 1, 2021.