87R20791 TSS-D
By: Creighton, et al. S.B. No. 1509
(Harris, Cain, Parker, Schofield)
Substitute the following for S.B. No. 1509: No.
A BILL TO BE ENTITLED
AN ACT
relating to identification requirements for early voting by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.001(b), Election Code, is amended to
read as follows:
(b) An application must be in writing and signed by the
applicant using ink on paper. An electronic signature or
photocopied signature is not permitted.
SECTION 2. Section 84.002(a), Election Code, is amended to
read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(1-a) the following information:
(A) the applicant's driver's license number or
the number of a personal identification card issued by the
Department of Public Safety; or
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number;
(2) for an application for a ballot to be voted by mail
on the ground of absence from the county of residence, the address
outside the applicant's county of residence to which the ballot is
to be mailed;
(3) for an application for a ballot to be voted by mail
on the ground of age or disability, the address of the hospital,
nursing home or other long-term care facility, or retirement
center, or of a person related to the applicant within the second
degree by affinity or the third degree by consanguinity, as
determined under Chapter 573, Government Code, if the applicant is
living at that address and that address is different from the
address at which the applicant is registered to vote;
(4) for an application for a ballot to be voted by mail
on the ground of confinement in jail, the address of the jail or of a
person related to the applicant within the degree described by
Subdivision (3);
(5) for an application for a ballot to be voted by mail
on any ground, an indication of each election for which the
applicant is applying for a ballot; and
(6) an indication of the ground of eligibility for
early voting.
SECTION 3. 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;
(3-a) a space for entering the information required
under Section 84.002(a)(1-a); 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, 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 4. Section 86.001, Election Code, is amended by
adding Subsection (f) to read as follows:
(f) If the information required under Section
84.002(a)(1-a) included on the application does not match the
information on the applicant's application for voter registration
under Section 13.002(c)(8), the clerk shall reject the application.
SECTION 5. Section 86.002, Election Code, is amended by
adding Subsections (g) and (h) to read as follows:
(g) The carrier envelope must include a space that is hidden
from view when the envelope is sealed for the voter to enter the
following information:
(1) the number of the voter's unexpired driver's
license or personal identification card issued by the Department of
Public Safety; or
(2) if the voter has not been issued a number described
by Subdivision (1), the last four digits of the voter's social
security number.
(h) No record associating an individual voter with a ballot
may be created.
SECTION 6. Section 87.041(b), Election Code, is amended to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; [and]
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) the information required under Section 86.002(g)
provided by the voter matches the information on the voter's
application for voter registration under Section 13.002(c)(8).
SECTION 7. The changes in law made by this Act apply only to
an application to vote an early voting ballot by mail submitted on
or after the effective date of this Act. An application to vote an
early voting ballot by mail submitted before the effective date of
this Act is governed by the law in effect when the application was
submitted, and the former law is continued in effect for that
purpose.
SECTION 8. This Act takes effect September 1, 2021.