87R15342 SGM-D
By: Fierro H.B. No. 46
Substitute the following for H.B. No. 46:
By: Fierro C.S.H.B. No. 46
A BILL TO BE ENTITLED
AN ACT
relating to the opportunity to correct a vote by mail application.
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).
SECTION 2. Section 86.001, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) The early voting clerk, before rejecting an application
on the basis of a clerical error, shall make a reasonable effort to
contact the applicant by telephone or e-mail at any telephone
number or e-mail address provided on the application to notify the
applicant of the error. The applicant may appear at the early
voting clerk's office to make clerical corrections to the
application or submit a new application after receiving notice
under this section. If the applicant does not appear at the early
voting clerk's office before the fourth day after the date the early
voting clerk contacted the applicant at the telephone number or
e-mail address provided on the application, the clerk may reject
the application. The early voting clerk shall attach to and
maintain with the original application any records created or
submitted under this subsection.
SECTION 3. This Act takes effect September 1, 2021.