By: Zaffirini, Hinojosa, Hughes S.B. No. 1018
A BILL TO BE ENTITLED
AN ACT
relating to an early voting ballot voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.032(c), Election Code, is amended to
read as follows:
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail; [or]
(B) never requested a ballot to be voted by mail;
or
(C) received notice of a defect under Section
87.0271(b) or 87.0411(b).
SECTION 2. 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;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.027, the signature verification
committee may:
(1) return the carrier envelope to the voter by mail,
if the signature verification committee determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) If the signature verification committee takes an action
described by Subsection (b), the committee must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 3. 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;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.041, the early voting ballot
board may:
(1) return the carrier envelope to the voter by mail,
if the early voting ballot board determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk's office in person to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) If the early voting ballot board takes an action
described by Subsection (b), the board must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 4. This Act takes effect September 1, 2021.