Texas 2021 - 87th Regular

Texas Senate Bill SB1509 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	87R20791 TSS-D
2	1		By: Creighton, et al. S.B. No. 1509
3		-	(Harris, Cain, Parker, Schofield)
4		-	Substitute the following for S.B. No. 1509: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to identification requirements for early voting by mail.
10	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	8		SECTION 1. Section 84.001(b), Election Code, is amended to
12	9		read as follows:
13	10		(b) An application must be in writing and signed by the
14	11		applicant using ink on paper. An electronic signature or
15	12		photocopied signature is not permitted.
16		-	SECTION 2. Section 84.002(a), Election Code, is amended to
17		-	read as follows:
	13	+	SECTION 2. Section 84.002, Election Code, is amended by
	14	+	amending Subsection (a) and adding Subsection (c) to read as
	15	+	follows:
18	16		(a) An early voting ballot application must include:
19	17		(1) the applicant's name and the address at which the
20	18		applicant is registered to vote;
21	19		(1-a) the following information:
22		-	(A) the applicant's driver's license number or
23		-	the number of a personal identification card issued by the
24		-	Department of Public Safety; or
	20	+	(A) the number of the applicant's driver's
	21	+	license or personal identification card issued by the Department of
	22	+	Public Safety that has not expired or that expired no earlier than
	23	+	four years before the date of application; or
25	24		(B) if the applicant has not been issued a number
26	25		described by Paragraph (A), the last four digits of the applicant's
27	26		social security number;
28	27		(2) for an application for a ballot to be voted by mail
29	28		on the ground of absence from the county of residence, the address
30	29		outside the applicant's county of residence to which the ballot is
31	30		to be mailed;
32	31		(3) for an application for a ballot to be voted by mail
33	32		on the ground of age or disability, the address of the hospital,
34	33		nursing home or other long-term care facility, or retirement
35	34		center, or of a person related to the applicant within the second
36	35		degree by affinity or the third degree by consanguinity, as
37	36		determined under Chapter 573, Government Code, if the applicant is
38	37		living at that address and that address is different from the
39	38		address at which the applicant is registered to vote;
40	39		(4) for an application for a ballot to be voted by mail
41	40		on the ground of confinement in jail, the address of the jail or of a
42	41		person related to the applicant within the degree described by
43	42		Subdivision (3);
44	43		(5) for an application for a ballot to be voted by mail
45	44		on any ground, an indication of each election for which the
46	45		applicant is applying for a ballot; and
47	46		(6) an indication of the ground of eligibility for
48	47		early voting.
	48	+	(c) A person 70 years of age or older may use the number of a
	49	+	driver's license or personal identification card that has expired
	50	+	for the purpose of fulfilling the requirement under Subsection
	51	+	(a)(1-a) if the license or identification is otherwise valid.
49	52		SECTION 3. Section 84.011(a), Election Code, is amended to
50	53		read as follows:
51	54		(a) The officially prescribed application form for an early
52	55		voting ballot must include:
53	56		(1) immediately preceding the signature space the
54	57		statement: "I certify that the information given in this
55	58		application is true, and I understand that giving false information
56	59		in this application is a crime.";
57	60		(2) a statement informing the applicant of the
58	61		offenses prescribed by Sections 84.003 and 84.004;
59	62		(3) spaces for entering an applicant's voter
60	63		registration number and county election precinct of registration,
61	64		with a statement informing the applicant that failure to furnish
62	65		that information does not invalidate the application;
63	66		(3-a) a space for entering the information required
64	67		under Section 84.002(a)(1-a); and
65	68		(4) on an application for a ballot to be voted by mail:
66	69		(A) a space for an applicant applying on the
67	70		ground of absence from the county of residence to indicate the date
68	71		on or after which the applicant can receive mail at the address
69	72		outside the county;
70	73		(B) a space for indicating the fact that an
71	74		applicant whose application is signed by a witness cannot make the
72	75		applicant's mark and a space for indicating the relationship or
73	76		lack of relationship of the witness to the applicant;
74	77		(C) a space for entering an applicant's telephone
75	78		number, with a statement informing the applicant that failure to
76	79		furnish that information does not invalidate the application;
77	80		(D) a space or box for an applicant applying on
78	81		the ground of age or disability to indicate that the address to
79	82		which the ballot is to be mailed is the address of a facility or
80	83		relative described by Section 84.002(a)(3), if applicable;
81	84		(E) a space or box for an applicant applying on
82	85		the ground of confinement in jail to indicate that the address to
83	86		which the ballot is to be mailed is the address of a relative
84	87		described by Section 84.002(a)(4), if applicable;
85	88		(F) a space for an applicant applying on the
86	89		ground of age or disability to indicate if the application is an
87	90		application under Section 86.0015;
88	91		(G) spaces for entering the signature, printed
89	92		name, and residence address of any person assisting the applicant;
90	93		(H) a statement informing the applicant of the
91	94		condition prescribed by Section 81.005; and
92	95		(I) a statement informing the applicant of the
93	96		requirement prescribed by Section 86.003(c).
94	97		SECTION 4. Section 86.001, Election Code, is amended by
95	98		adding Subsection (f) to read as follows:
96	99		(f) If the information required under Section
97	100		84.002(a)(1-a) included on the application does not match the
98	101		information on the applicant's application for voter registration
99	102		under Section 13.002(c)(8), the clerk shall reject the application.
100	103		SECTION 5. Section 86.002, Election Code, is amended by
101		-	adding Subsections (g) and (h) to read as follows:
	104	+	adding Subsections (g), (h), and (i) to read as follows:
102	105		(g) The carrier envelope must include a space that is hidden
103	106		from view when the envelope is sealed for the voter to enter the
104	107		following information:
105		-	(1) the number of the voter's unexpired driver's
106		-	license or personal identification card issued by the Department of
107		-	Public Safety; or
	108	+	(1) the number of the voter's driver's license or
	109	+	personal identification card issued by the Department of Public
	110	+	Safety that has not expired or that expired no earlier than four
	111	+	years before the date of presentation; or
108	112		(2) if the voter has not been issued a number described
109	113		by Subdivision (1), the last four digits of the voter's social
110	114		security number.
111		-	(h) No record associating an individual voter with a ballot
	115	+	(h) A person 70 years of age or older may use the number of a
	116	+	driver's license or personal identification card that has expired
	117	+	for purposes of Subsection (g) if the license or identification is
	118	+	otherwise valid.
	119	+	(i) No record associating an individual voter with a ballot
112	120		may be created.
113	121		SECTION 6. Section 87.041(b), Election Code, is amended to
114	122		read as follows:
115	123		(b) A ballot may be accepted only if:
116	124		(1) the carrier envelope certificate is properly
117	125		executed;
118	126		(2) neither the voter's signature on the ballot
119	127		application nor the signature on the carrier envelope certificate
120	128		is determined to have been executed by a person other than the
121	129		voter, unless signed by a witness;
122	130		(3) the voter's ballot application states a legal
123	131		ground for early voting by mail;
124	132		(4) the voter is registered to vote, if registration
125	133		is required by law;
126	134		(5) the address to which the ballot was mailed to the
127	135		voter, as indicated by the application, was outside the voter's
128	136		county of residence, if the ground for early voting is absence from
129	137		the county of residence;
130	138		(6) for a voter to whom a statement of residence form
131	139		was required to be sent under Section 86.002(a), the statement of
132	140		residence is returned in the carrier envelope and indicates that
133	141		the voter satisfies the residence requirements prescribed by
134	142		Section 63.0011; [and]
135	143		(7) the address to which the ballot was mailed to the
136	144		voter is an address that is otherwise required by Sections 84.002
137	145		and 86.003; and
138	146		(8) the information required under Section 86.002(g)
139	147		provided by the voter matches the information on the voter's
140	148		application for voter registration under Section 13.002(c)(8).
141	149		SECTION 7. The changes in law made by this Act apply only to
142	150		an application to vote an early voting ballot by mail submitted on
143	151		or after the effective date of this Act. An application to vote an
144	152		early voting ballot by mail submitted before the effective date of
145	153		this Act is governed by the law in effect when the application was
146	154		submitted, and the former law is continued in effect for that
147	155		purpose.
148	156		SECTION 8. This Act takes effect September 1, 2021.