Texas 2021 - 87th Regular

Texas Senate Bill SB1535 Compare Versions

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

Old	New	Differences
1	1	87R10801 MLH-F
2	2	By: Buckingham S.B. No. 1535
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the practices and procedures related to early voting by
8	8	mail, including the participation of watchers; modifying and
9	9	increasing criminal penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 33.004(b), Election Code, is amended to
12	12	read as follows:
13	13	(b) To be eligible to participate in the appointment under
14	14	this section of a watcher for a precinct polling place, [a person
15	15	must be a registered voter of the precinct. To be eligible to
16	16	participate in the appointment under this section of a watcher for]
17	17	an early voting polling place, a countywide polling place, the
18	18	meeting place of an early voting ballot board or signature
19	19	verification committee, or a central counting station, a person
20	20	must be a registered voter of the territory served by that facility.
21	21	SECTION 2. Section 33.006(b), Election Code, is amended to
22	22	read as follows:
23	23	(b) A certificate of appointment must:
24	24	(1) be in writing and signed by the appointing
25	25	authority or, for an appointment for a write-in candidate under
26	26	Section 33.004, by each of the voters making the appointment;
27	27	(2) indicate the capacity in which the appointing
28	28	authority is acting;
29	29	(3) state the name, residence address, and voter
30	30	registration number of the appointee and be signed by the
31	31	appointee;
32	32	(4) identify the election and the precinct polling
33	33	place or other location at which the appointee is to serve;
34	34	(5) in an election on a measure, identify the measure
35	35	if more than one is to be voted on and state which side of the
36	36	measure the appointee represents; and
37	37	(6) contain an affidavit executed by the appointee
38	38	stating that the appointee will not use [have possession of] a
39	39	device capable of recording images or sound [or that the appointee
40	40	will disable or deactivate the device] while serving as a watcher,
41	41	except as provided by Section 61.014(b).
42	42	SECTION 3. Section 33.007(a), Election Code, is amended to
43	43	read as follows:
44	44	(a) Each appointing authority may appoint not more than two
45	45	watchers for each precinct polling place, meeting place for an
46	46	early voting ballot board or signature verification committee, or
47	47	central counting station involved in the election.
48	48	SECTION 4. Section 33.051(a), Election Code, is amended to
49	49	read as follows:
50	50	(a) A watcher appointed to serve at a precinct polling
51	51	place, a meeting place for an early voting ballot board or signature
52	52	verification committee, or a central counting station must deliver
53	53	a certificate of appointment to the presiding judge at the time the
54	54	watcher reports for service. A watcher appointed to serve at an
55	55	early voting polling place must deliver a certificate of
56	56	appointment to the early voting clerk or deputy clerk in charge of
57	57	the polling place when the watcher first reports for service.
58	58	SECTION 5. Section 33.054, Election Code, is amended to
59	59	read as follows:
60	60	Sec. 33.054. HOURS OF SERVICE AT MEETING OF EARLY VOTING
61	61	BALLOT BOARD OR SIGNATURE VERIFICATION COMMITTEE [MEETING]. (a) A
62	62	watcher serving at the meeting place of an early voting ballot board
63	63	or signature verification committee may be present at any time the
64	64	board or committee is processing or counting ballots and until the
65	65	board or committee completes its duties. The watcher may serve
66	66	during the hours the watcher chooses, except as provided by
67	67	Subsection (b).
68	68	(b) A watcher serving at the meeting place of an early
69	69	voting ballot board may not leave during voting hours on election
70	70	day without the presiding judge's permission if the board has
71	71	recorded any votes cast on voting machines or counted any ballots,
72	72	unless the board has completed its duties and has been dismissed by
73	73	the presiding judge.
74	74	SECTION 6. Section 33.060(a), Election Code, is amended to
75	75	read as follows:
76	76	(a) On request of a watcher, an election officer who
77	77	delivers election records from a precinct polling place, an early
78	78	voting polling place, a meeting place for an early voting ballot
79	79	board or signature verification committee, or a central counting
80	80	station shall permit the watcher appointed to serve at that
81	81	location to accompany the officer in making the delivery.
82	82	SECTION 7. Section 61.014(b), Election Code, is amended to
83	83	read as follows:
84	84	(b) A person, other than a watcher solely recording the
85	85	counting of ballots, may not use any mechanical or electronic means
86	86	of recording images or sound within 100 feet of a voting station.
87	87	SECTION 8. Section 64.036(d), Election Code, is amended to
88	88	read as follows:
89	89	(d) An offense under this section is a state jail felony
90	90	[Class A misdemeanor].
91	91	SECTION 9. Sections 82.002(a) and (b), Election Code, are
92	92	amended to read as follows:
93	93	(a) A qualified voter is eligible for early voting by mail
94	94	if the voter cannot appear at the polling place during the early
95	95	voting period and on election day without assistance due to:
96	96	(1) illness;
97	97	(2) injury;
98	98	(3) medical confinement as directed by a health care
99	99	professional; or
100	100	(4) mental or physical impairment [has a sickness or
101	101	physical condition that prevents the voter from appearing at the
102	102	polling place on election day without a likelihood of needing
103	103	personal assistance or of injuring the voter's health].
104	104	(b) An application for a ballot to be voted by mail under
105	105	Subsections (a)(1) through (3) must include or be accompanied by a
106	106	certificate of a licensed physician or chiropractor or accredited
107	107	Christian Science practitioner in substantially the following
108	108	form:
109	109	"This is to certify that I personally know that
110	110	__________ has a sickness or physical condition that will prevent
111	111	him or her from appearing at a polling place without a likelihood of
112	112	needing personal assistance or of injuring his or her health.
113	113	"Witness my hand at __________, Texas, this __________
114	114	day of __________, 20___.
115	115	________________________________
116	116	(signature of physician,
117	117	chiropractor, or practitioner)
118	118	________________________________
119	119	(printed name of physician,
120	120	chiropractor, or practitioner)"
121	121	[Expected or likely confinement for childbirth on election day is
122	122	sufficient cause to entitle a voter to vote under Subsection (a)].
123	123	SECTION 10. Chapter 82, Election Code, is amended by adding
124	124	Section 82.008 to read as follows:
125	125	Sec. 82.008. GUIDANCE ON ELIGIBILITY. (a) A public
126	126	official may not issue a communication concerning eligibility for
127	127	early voting by mail without approval from the secretary of state.
128	128	(b) The secretary of state may direct a public official to
129	129	use a preapproved communication under Subsection (e).
130	130	(c) A public official who issues a communication without
131	131	approval under Subsection (a) shall:
132	132	(1) retract the communication; and
133	133	(2) provide an alternative approved communication in
134	134	the same manner as the unapproved communication was provided.
135	135	(d) A violation of this section is enforceable exclusively
136	136	through a petition for a writ of mandamus under Section 273.061.
137	137	(e) The secretary of state may prescribe approved
138	138	communications regarding eligibility for early voting by mail. A
139	139	public official who issues these communications without
140	140	modification or addition is considered to be issuing an approved
141	141	communication.
142	142	SECTION 11. Sections 84.001(b) and (c), Election Code, are
143	143	amended to read as follows:
144	144	(b) An application must be in writing and signed in ink by
145	145	the applicant. An electronic or photocopied signature is not
146	146	permitted.
147	147	(c) An applicant is [not] required to use an official
148	148	application form.
149	149	SECTION 12. Section 84.002, Election Code, is amended by
150	150	adding Subsection (c) to read as follows:
151	151	(c) An application may not be accepted if the application
152	152	was provided to the voter with the grounds for eligibility already
153	153	marked.
154	154	SECTION 13. The heading to Section 84.004, Election Code,
155	155	is amended to read as follows:
156	156	Sec. 84.004. UNLAWFULLY ASSISTING OR WITNESSING
157	157	APPLICATION FOR MORE THAN ONE APPLICANT.
158	158	SECTION 14. Sections 84.004(a), (b), and (c), Election
159	159	Code, are amended to read as follows:
160	160	(a) A person commits an offense if:
161	161	(1) the person signs an application for a ballot to be
162	162	voted by mail as a witness for more than one applicant in the same
163	163	election; [or]
164	164	(2) the person assists more than one applicant, in the
165	165	applicant's presence, in completing an early voting ballot
166	166	application for the same election; or
167	167	(3) the person signs an application for annual ballots
168	168	by mail as a witness for more than one applicant in the same
169	169	calendar year.
170	170	(b) It is an exception to the application of Subsection (a)
171	171	that the person [signed early voting ballot applications for more
172	172	than one applicant]:
173	173	(1) acted as an early voting clerk or deputy early
174	174	voting clerk; or
175	175	(2) [and the person] is related to the additional
176	176	applicants as a parent, grandparent, spouse, child, or sibling.
177	177	(c) An application made in [A] violation of this section is
178	178	not valid [does not affect the validity of an application involved
179	179	in the offense].
180	180	SECTION 15. Section 84.012, Election Code, is amended to
181	181	read as follows:
182	182	Sec. 84.012. CLERK TO MAIL APPLICATION FORM ON REQUEST. (a)
183	183	The early voting clerk shall mail without charge an appropriate
184	184	official application form for an early voting ballot to each
185	185	applicant requesting the clerk to send the applicant an application
186	186	form.
187	187	(b) The early voting clerk may only mail an application form
188	188	to a voter if:
189	189	(1) the voter requests an application form; or
190	190	(2) the clerk confirms that the voter is eligible for
191	191	early voting by mail on the grounds of age.
192	192	SECTION 16. Section 84.031, Election Code, is amended by
193	193	amending Subsection (b) and adding Subsection (c) to read as
194	194	follows:
195	195	(b) A person whose application is canceled by returning the
196	196	person's ballot in accordance with Section 84.032, if otherwise
197	197	eligible, may vote in the same manner as if the application had not
198	198	been submitted.
199	199	(c) A person whose application is canceled in any other
200	200	manner may cast a provisional ballot under Section 63.011.
201	201	SECTION 17. Section 84.032, Election Code, is amended by
202	202	amending Subsection (c) and adding Subsections (g), (h), and (i) to
203	203	read as follows:
204	204	(c) An applicant may submit a request after the close of
205	205	early voting by personal appearance by appearing in person and:
206	206	(1) returning the ballot to be voted by mail to the
207	207	early voting clerk; or
208	208	(2) executing an affidavit that the applicant:
209	209	(A) has not received the ballot to be voted by
210	210	mail; [or]
211	211	(B) never requested a ballot to be voted by mail;
212	212	or
213	213	(C) received notice of a defect under Section
214	214	87.028(b) or 87.0411(b).
215	215	(g) The early voting clerk shall deliver each request for
216	216	cancellation to the early voting ballot board to ensure a canceled
217	217	ballot is not counted.
218	218	(h) The early voting clerk and presiding election judge
219	219	shall keep a log of each ballot returned and shall provide a copy of
220	220	the log to the early voting ballot board to ensure that the canceled
221	221	ballot is not counted in the election. Returned ballots must be kept
222	222	in a secure container with a chain of custody maintained by the
223	223	early voting clerk.
224	224	(i) The log under Subsection (h) shall include for each
225	225	entry:
226	226	(1) the voter's name;
227	227	(2) an identification number unique to the voter;
228	228	(3) the voter's signature; and
229	229	(4) the date and time the application was returned.
230	230	SECTION 18. Section 84.033, Election Code, is amended by
231	231	adding Subsection (e) to read as follows:
232	232	(e) The election officer shall electronically submit a
233	233	record to the secretary of state of each application canceled in a
234	234	primary, a runoff primary, a general election, or any special
235	235	election ordered by the governor on the day the application is
236	236	canceled.
237	237	SECTION 19. Section 86.001(a), Election Code, is amended to
238	238	read as follows:
239	239	(a) The early voting clerk shall review each application for
240	240	a ballot to be voted by mail and verify the eligibility of the
241	241	applicant to vote by mail.
242	242	SECTION 20. Chapter 86, Election Code, is amended by adding
243	243	Section 86.0011 to read as follows:
244	244	Sec. 86.0011. SIGNATURE VERIFICATION. (a) Consistent with
245	245	guidance and training from the secretary of state, the early voting
246	246	clerk or early voting ballot board, as appropriate, shall compare
247	247	the signature on each voter's ballot application, except those
248	248	signed for a voter by a witness, with the signature on the voter's
249	249	voter registration application to determine whether the signatures
250	250	are those of the voter. The clerk or board may also compare the
251	251	signatures with any two or more signatures of the voter made within
252	252	the preceding six years and on file with the county clerk or voter
253	253	registrar to determine whether the signatures are those of the
254	254	voter. Except as provided by Subsection (b), a determination under
255	255	this subsection by an early voting ballot board that the signature
256	256	on the application is not that of the voter must be made by a
257	257	majority vote of the board's membership. The board shall place the
258	258	applications of voters whose signatures are not those of the voter
259	259	in separate containers from those of voters whose signatures are
260	260	those of the voter. The presiding judge or chair, as applicable,
261	261	shall deliver the accepted applications to the early voting clerk
262	262	for processing under Section 86.001. All other applications
263	263	reviewed by the early voting ballot board shall be processed under
264	264	Section 86.0012.
265	265	(b) If more than 12 members are appointed to serve on the
266	266	early voting ballot board, as applicable, the early voting clerk
267	267	may designate two or more subcommittees of not less than six
268	268	members. If subcommittees have been designated, a determination
269	269	under Subsection (a) is made by a majority of the subcommittee.
270	270	(c) If ballot materials or ballot applications are recorded
271	271	electronically as provided by Section 87.126, the early voting
272	272	ballot board may use an electronic copy of a signature or the
273	273	voter's ballot application in making the comparison under
274	274	Subsection (a).
275	275	(d) While the board is reviewing signatures, an equal number
276	276	of members from each political party that submitted names under
277	277	Section 87.002(c) shall be present to the extent practicable.
278	278	(e) If a signature verification committee has been
279	279	appointed under Section 87.027, the signature verification
280	280	committee performs the duties assigned by this section to the early
281	281	voting ballot board.
282	282	SECTION 21. Chapter 86, Election Code, is amended by adding
283	283	Section 86.0012 to read as follows:
284	284	Sec. 86.0012. OPPORTUNITY TO CORRECT APPLICATION DEFECT.
285	285	(a) This section applies to an early voting ballot application
286	286	that:
287	287	(1) the voter did not sign, unless the application was
288	288	signed by a witness;
289	289	(2) cannot immediately be determined to contain the
290	290	signature of the voter;
291	291	(3) is missing any required information; or
292	292	(4) contains incomplete information concerning a
293	293	witness.
294	294	(b) Before rejecting a timely delivered application, the
295	295	early voting clerk or early voting ballot board, as appropriate,
296	296	may:
297	297	(1) return the application to the voter by mail, if the
298	298	clerk or board determines that it would be possible to correct the
299	299	defect and return the application by the deadline under Section
300	300	84.007;
301	301	(2) notify the voter of the defect by telephone or
302	302	e-mail and inform the voter that the voter may submit a new
303	303	application before the deadline under Section 84.007; or
304	304	(3) if the defect is related to the voter's signature,
305	305	notify the voter that the voter may either appear in person and
306	306	present an acceptable form of identification under Section 63.0101
307	307	to sign the application in the presence of the early voting clerk or
308	308	submit a copy of an acceptable form of identification described by
309	309	Section 63.0101 with a new or corrected application submitted by
310	310	mail.
311	311	(c) The early voting clerk or early voting ballot board may
312	312	not resolve the defect in a manner not described by Subsection (b),
313	313	including in-person visits to the voter at a location other than the
314	314	early voting clerk's office, or communication that is entirely
315	315	electronic or telephonic.
316	316	(d) The early voting clerk shall keep a log of all
317	317	applications corrected under this section, which shall include:
318	318	(1) the name of the voter;
319	319	(2) an identification number unique to the voter;
320	320	(3) the voter's signature;
321	321	(4) the date and time the application was received;
322	322	and
323	323	(5) the action taken under Subsection (b).
324	324	(e) If a new or corrected application is submitted under
325	325	Subsection (b)(3), the signature on the application shall be
326	326	accepted as that of the voter, and a copy of the signature shall be
327	327	retained by the early voting clerk for use in future elections.
328	328	(f) A poll watcher is entitled to observe any action taken
329	329	under Subsection (b).
330	330	(g) The secretary of state may prescribe procedures
331	331	necessary to implement this section.
332	332	SECTION 22. Section 86.0015(a), Election Code, is amended
333	333	to read as follows:
334	334	(a) This section applies only to an application for a ballot
335	335	to be voted by mail that:
336	336	(1) [indicates the ground of eligibility is age or
337	337	disability; and
338	338	[(2)] does not specify the election for which a ballot
339	339	is requested or has been marked by the applicant as an application
340	340	for more than one election; and
341	341	(2) contains an attestation that the voter:
342	342	(A) is not less than 65 years of age; or
343	343	(B) has a mental or physical impairment under
344	344	Section 82.002(a)(4) that:
345	345	(i) will persist for not less than one
346	346	calendar year; and
347	347	(ii) is supported by written documentation
348	348	under Section 13.002(i)(1).
349	349	SECTION 23. Section 86.009(e), Election Code, is amended to
350	350	read as follows:
351	351	(e) A voter's defective ballot that is timely returned to
352	352	the clerk as a marked ballot shall be treated as:
353	353	(1) a marked ballot not timely returned if the
354	354	corrected ballot is timely returned as a marked ballot by the close
355	355	of the polls on election day; or
356	356	(2) as the voter's ballot for the election if the
357	357	corrected ballot is not timely returned by the close of the polls on
358	358	election day.
359	359	SECTION 24. Section 86.010, Election Code, is amended by
360	360	amending Subsections (d) and (e) and adding Subsections (k) and (l)
361	361	to read as follows:
362	362	(d) A voter's ballot may not be counted if:
363	363	(1) the [If a] voter is assisted in violation of this
364	364	section; or
365	365	(2) a person who assists the voter to prepare a ballot
366	366	to be voted by mail fails to comply with Subsection (e)[, the
367	367	voter's ballot may not be counted].
368	368	(e) A person who assists a voter to prepare a ballot to be
369	369	voted by mail shall enter the person's signature, printed name,
370	370	[and] residence address, relationship to the voter, and the manner
371	371	in which the person assisted the voter on the official carrier
372	372	envelope of the voter.
373	373	(k) An employee of a state licensed care facility who
374	374	commits an offense under this section involving a voter who resides
375	375	in that facility shall be added to the employee misconduct registry
376	376	established under Section 253.007, Health and Safety Code.
377	377	(l) The text of the oath under Subsection (c) shall read as
378	378	follows:
379	379	"I swear (or affirm) that:
380	380	"I will not suggest, by word, sign, or gesture,
381	381	how the voter should vote;
382	382	"I will confine my assistance to answering the
383	383	voter's questions, to stating propositions on the ballot, and to
384	384	naming candidates and, if listed, their political parties;
385	385	"I will prepare the voter's ballot as the voter
386	386	directs;
387	387	"I am not the voter's employer, an agent of the
388	388	voter's employer, or an officer or agent of a labor union to which
389	389	the voter belongs; and
390	390	"I have not been compensated for assisting the
391	391	voter.
392	392	"I understand that if I violate these requirements, I am
393	393	committing a criminal offense."
394	394	SECTION 25. Section 86.013(b), Election Code, is amended to
395	395	read as follows:
396	396	(b) Spaces must appear on the reverse side of the official
397	397	carrier envelope for:
398	398	(1) indicating the identity and date of the election;
399	399	[and]
400	400	(2) entering the signature, printed name, and
401	401	residence address of a person other than the voter who deposits the
402	402	carrier envelope in the mail or with a common or contract carrier;
403	403	and
404	404	(3) indicating the manner of any assistance provided
405	405	by a person assisting the voter, and the relationship of that person
406	406	to the voter.
407	407	SECTION 26. Section 87.002, Election Code, is amended to
408	408	read as follows:
409	409	Sec. 87.002. COMPOSITION OF BOARD. (a) The early voting
410	410	ballot board consists of a presiding judge, an alternate presiding
411	411	judge, and at least two other members.
412	412	(b) Except as provided by Subsection (d), the presiding
413	413	judge and the alternate presiding judge are [is] appointed in the
414	414	same manner as a presiding election judge under Section 32.002.
415	415	Except as provided by Subsection (c), the other members are
416	416	appointed by the presiding judge in the same manner as the precinct
417	417	election clerks.
418	418	(c) In the general election for state and county officers,
419	419	each county chair of a political party with nominees on the general
420	420	election ballot shall submit to the county election board a list of
421	421	names of persons eligible to serve on the early voting ballot board.
422	422	The county election board shall appoint at least one person from
423	423	each list to serve as a member of the early voting ballot board. The
424	424	same number of members must be appointed from each list. If a county
425	425	chair does not submit a list, the state chair of the political party
426	426	shall, not later than the fifth day after being notified in writing
427	427	of the county chair's failure to submit a list, submit the list.
428	428	(d) In addition to the members appointed under Subsection
429	429	(c), the county election board shall appoint the presiding judge
430	430	from the list provided under that subsection by the political party
431	431	whose nominee for governor received the most votes in the county in
432	432	the most recent gubernatorial general election and the alternate
433	433	presiding judge from the list provided under that subsection by the
434	434	political party whose nominee for governor received the second most
435	435	votes in the county in the most recent gubernatorial election.
436	436	SECTION 27. Section 87.027, Election Code, is amended by
437	437	amending Subsections (a-1), (d), and (i) and adding Subsection (n)
438	438	to read as follows:
439	439	(a-1) A signature verification committee shall be appointed
440	440	in the general election for state and county officers on submission
441	441	to the early voting clerk of a written request for the committee by
442	442	at least 15 registered voters of the county. The request must be
443	443	submitted not later than the preceding August [October] 1, and a
444	444	request submitted by mail is considered to be submitted at the time
445	445	of its receipt by the clerk.
446	446	(d) The early voting clerk shall determine the number of
447	447	members who are to compose the signature verification committee and
448	448	shall state that number in the order calling for the committee's
449	449	appointment. A committee must consist of not fewer than five
450	450	members. In an election in which party alignment is indicated on the
451	451	ballot, each county chair of a political party with a nominee or
452	452	aligned candidate on the ballot shall submit to the appointing
453	453	authority a list of names of persons eligible to serve on the
454	454	signature verification committee. The authority shall appoint at
455	455	least two persons from each list to serve as members of the
456	456	committee. The same number of members must be appointed from each
457	457	list. The authority shall appoint the chair of the committee from
458	458	the list provided by the political party whose nominee for governor
459	459	received the most votes in the county in the most recent
460	460	gubernatorial general election. The authority shall also appoint a
461	461	vice chair of the committee from the list provided by the political
462	462	party whose nominee for governor received the second most votes in
463	463	the county in the most recent gubernatorial general election. If a
464	464	county chair does not submit a list, the state chair of the
465	465	political party shall, not later than the fifth day after being
466	466	notified in writing of the county chair's failure to submit a list,
467	467	submit the list. A vacancy on the committee shall be filled by
468	468	appointment from the original list or from a new list submitted by
469	469	the appropriate county chair.
470	470	(i) Consistent with guidance and training from the
471	471	secretary of state, the [The] signature verification committee
472	472	shall compare the signature on each carrier envelope certificate,
473	473	except those signed for a voter by a witness, with the signature on
474	474	the voter's ballot application to determine whether the signatures
475	475	are those of the voter. The committee may also compare the
476	476	signatures with any two or more signatures of the voter made within
477	477	the preceding six years and on file with the county clerk or voter
478	478	registrar to determine whether the signatures are those of the
479	479	voter. Except as provided by Subsection (l), a determination under
480	480	this subsection that the signatures are not those of the voter must
481	481	be made by a majority vote of the committee's membership. If a tie
482	482	vote of the committee's membership occurs, the committee chair
483	483	shall determine whether the signatures are those of the voter and
484	484	affix the committee chair's determination and signature to the
485	485	carrier envelope. The committee shall place the jacket envelopes,
486	486	carrier envelopes, and applications of voters whose signatures are
487	487	not those of the voter in separate containers from those of voters
488	488	whose signatures are those of the voter. The committee chair shall
489	489	deliver the sorted materials to the early voting ballot board at the
490	490	time specified by the board's presiding judge.
491	491	(n) While the committee is reviewing signatures, an equal
492	492	number of committee members from each political party that
493	493	submitted names under Section 87.002(c) shall be present to the
494	494	extent practicable.
495	495	SECTION 28. Subchapter B, Chapter 87, Election Code, is
496	496	amended by adding Section 87.028 to read as follows:
497	497	Sec. 87.028. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
498	498	VERIFICATION COMMITTEE. (a) This section applies to an early voting
499	499	ballot voted by mail that:
500	500	(1) has a carrier envelope certificate that:
501	501	(A) the voter did not sign; or
502	502	(B) cannot immediately be determined to contain
503	503	the signature of the voter;
504	504	(2) is missing a required statement of residence; or
505	505	(3) contains incomplete information concerning a
506	506	witness or assistant.
507	507	(b) Before rejecting a timely delivered ballot under
508	508	Section 87.027, the signature verification committee may:
509	509	(1) return the carrier envelope to the voter by mail,
510	510	if the signature verification committee determines that it would be
511	511	possible to correct the defect and return the carrier envelope
512	512	before the time the polls are required to close on election day; or
513	513	(2) notify the voter of the defect by telephone or
514	514	e-mail and inform the voter that the voter may come to the early
515	515	voting clerk's office in person before the time the polls are
516	516	required to close on election day and present an acceptable form of
517	517	identification under Section 63.0101 to:
518	518	(A) correct the defect; or
519	519	(B) request to have the voter's application to
520	520	vote by mail canceled under Section 84.032.
521	521	(c) The signature verification committee may not resolve
522	522	the defect in a manner not described by Subsection (b), including
523	523	in-person visits to the voter at a location other than the early
524	524	voting clerk's office, or communication that is entirely electronic
525	525	or telephonic.
526	526	(d) The early voting clerk shall maintain a log of all
527	527	ballots corrected under this section, which shall include:
528	528	(1) the name of the voter;
529	529	(2) an identification number unique to the voter;
530	530	(3) the voter's signature;
531	531	(4) the date and time the ballot was received; and
532	532	(5) the action taken under Subsection (b).
533	533	(e) A poll watcher is entitled to observe any action taken
534	534	under Subsection (b).
535	535	(f) The secretary of state may prescribe procedures
536	536	necessary to implement this section.
537	537	SECTION 29. Section 87.041, Election Code, is amended by
538	538	adding Subsections (b-1) and (h) to read as follows:
539	539	(b-1) A ballot sent to an applicant following submission of
540	540	a federal postcard application under Chapter 101 may not be
541	541	accepted if it is determined after sending the ballot to the
542	542	applicant that the applicant was not eligible to be registered with
543	543	the information provided on the application.
544	544	(h) A poll watcher accepted for service under Chapter 33 may
545	545	challenge the acceptance of any early voting ballot voted by mail
546	546	under this section by bringing attention of an irregularity or a
547	547	violation of law to a chair of the early voting ballot board, who
548	548	shall resolve the challenge by majority vote of the early voting
549	549	ballot board.
550	550	SECTION 30. Subchapter C, Chapter 87, Election Code, is
551	551	amended by adding Section 87.0411 to read as follows:
552	552	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
553	553	BALLOT BOARD. (a) This section applies to an early voting ballot
554	554	voted by mail that:
555	555	(1) has a carrier envelope certificate that:
556	556	(A) the voter did not sign; or
557	557	(B) cannot immediately be determined to contain
558	558	the signature of the voter;
559	559	(2) is missing a required statement of residence; or
560	560	(3) contains incomplete information concerning a
561	561	witness or assistant.
562	562	(b) Before rejecting a timely delivered ballot under
563	563	Section 87.041, the early voting ballot board may:
564	564	(1) return the carrier envelope to the voter by mail,
565	565	if the early voting ballot board determines that it would be
566	566	possible to correct the defect and return the carrier envelope
567	567	before the time the polls are required to close on election day; or
568	568	(2) notify the voter of the defect by telephone or
569	569	e-mail and inform the voter that the voter may come to the early
570	570	voting clerk's office in person before the time the polls are
571	571	required to close on election day and present an acceptable form of
572	572	identification under Section 63.0101 to:
573	573	(A) correct the defect; or
574	574	(B) request to have the voter's application to
575	575	vote by mail canceled under Section 84.032.
576	576	(c) The early voting ballot board may not resolve the defect
577	577	in a manner not described by Subsection (b), including in-person
578	578	visits to the voter at a location other than the early voting
579	579	clerk's office, or communication that is entirely electronic or
580	580	telephonic.
581	581	(d) The early voting clerk shall maintain a log of all
582	582	ballots corrected under this section, which shall include:
583	583	(1) the name of the voter;
584	584	(2) an identification number unique to the voter;
585	585	(3) the voter's signature;
586	586	(4) the date and time the ballot was received; and
587	587	(5) the action taken under Subsection (b).
588	588	(e) A poll watcher is entitled to observe any action taken
589	589	under Subsection (b).
590	590	(f) The secretary of state may prescribe procedures
591	591	necessary to implement this section.
592	592	SECTION 31. Section 87.042(b), Election Code, is amended to
593	593	read as follows:
594	594	(b) The [Except as provided by Subsection (c), the] board
595	595	shall place the ballot envelope containing an accepted ballot in a
596	596	separate container from the ballot box containing the early voting
597	597	ballots voted by personal appearance.
598	598	SECTION 32. Sections 87.062(a) and (c), Election Code, are
599	599	amended to read as follows:
600	600	(a) On the direction of the presiding judge, the early
601	601	voting ballot board, in accordance with Section 85.032(b), shall
602	602	open the containers [container] for the early voting ballots that
603	603	are to be counted by the board, remove the contents from the
604	604	containers [container], and remove any ballots enclosed in ballot
605	605	envelopes from their envelopes.
606	606	(c) Ballots voted by mail shall be tabulated separately from
607	607	ballots voted by personal appearance and shall be separately
608	608	reported on the returns [The results of all early voting ballots
609	609	counted by the board under this subchapter shall be included in the
610	610	same return].
611	611	SECTION 33. Section 87.103, Election Code, is amended to
612	612	read as follows:
613	613	Sec. 87.103. COUNTING BALLOTS AND PREPARING RETURNS. (a)
614	614	The early voting electronic system ballots counted at a central
615	615	counting station, the ballots cast at a precinct polling place, and
616	616	the ballots voted by mail shall be tabulated separately [from the
617	617	ballots cast at precinct polling places] and shall be separately
618	618	reported on the returns.
619	619	(b) The early voting returns prepared at the central
620	620	counting station must include any early voting results obtained by
621	621	the early voting ballot board under Subchapter [Subchapters] D [and
622	622	E].
623	623	SECTION 34. Section 87.126, Election Code, is amended by
624	624	adding Subsection (c) to read as follows:
625	625	(c) Electronic records made under this section shall record
626	626	both sides of any application, envelope, or ballot recorded, and
627	627	all such records shall be provided to the early voting ballot board,
628	628	the signature verification committee, or both.
629	629	SECTION 35. Section 101.001, Election Code, is amended to
630	630	read as follows:
631	631	Sec. 101.001. ELIGIBILITY. A person is eligible for early
632	632	voting by mail as provided by this chapter if:
633	633	(1) the person is qualified to vote in this state or,
634	634	if not registered to vote in this state, would be qualified if
635	635	registered; and
636	636	(2) the person is:
637	637	(A) a member of the armed forces of the United
638	638	States, or the spouse or a dependent of a member;
639	639	(B) a member of the merchant marine of the United
640	640	States, or the spouse or a dependent of a member; [or]
641	641	(B-1) a member of the Texas State Guard, the
642	642	Texas National Guard, the National Guard of another state, or a
643	643	member of a reserve component of the armed forces of the United
644	644	States serving on active duty under an order of the president of the
645	645	United States or activated on state orders, or the spouse or
646	646	dependent of a member; or
647	647	(C) domiciled in this state but temporarily
648	648	living outside the territorial limits of the United States and the
649	649	District of Columbia.
650	650	SECTION 36. Section 101.003(1), Election Code, is amended
651	651	to read as follows:
652	652	(1) "Federal postcard application" means an
653	653	application for a ballot to be voted under this chapter submitted on
654	654	the official federal form prescribed under the federal Uniformed
655	655	and Overseas Citizens Absentee Voting Act (52 U.S.C. Sections
656	656	20301-20311) [(42 U.S.C. Section 1973ff et seq.)].
657	657	SECTION 37. Section 101.008, Election Code, is amended to
658	658	read as follows:
659	659	Sec. 101.008. STATUS OF APPLICATION OR BALLOT VOTED. The
660	660	secretary of state, in coordination with county [local] election
661	661	officials, shall implement an electronic free-access system by
662	662	which a person eligible for early voting by mail under this chapter
663	663	or Chapter 114 may determine by telephone, by e-mail, or over the
664	664	Internet whether:
665	665	(1) the person's federal postcard application or other
666	666	registration or ballot application has been received and accepted;
667	667	and
668	668	(2) the person's ballot has been received and the
669	669	current status of the ballot.
670	670	SECTION 38. Section 101.056(a), Election Code, is amended
671	671	to read as follows:
672	672	(a) The balloting materials provided under this subchapter
673	673	shall be airmailed to the voter free of United States postage, as
674	674	provided by the federal Uniformed and Overseas Citizens Absentee
675	675	Voting Act (52 U.S.C. Sections 20301-20311) [(42 U.S.C. Section
676	676	1973ff et seq.)], in an envelope labeled "Official Election
677	677	Balloting Material - via Airmail." The secretary of state shall
678	678	provide early voting clerks with instructions on compliance with
679	679	this subsection.
680	680	SECTION 39. Section 101.057(b), Election Code, is amended
681	681	to read as follows:
682	682	(b) A ballot voted by a voter described by Section
683	683	101.001(2)(A), [or] (B), or (B-1) shall be counted if the ballot
684	684	arrives at the address on the carrier envelope not later than the
685	685	sixth day after the date of the election, except that if that date
686	686	falls on a Saturday, Sunday, or legal state or national holiday,
687	687	then the deadline is extended to the next regular business day.
688	688	SECTION 40. Section 101.058, Election Code, is amended to
689	689	read as follows:
690	690	Sec. 101.058. OFFICIAL CARRIER ENVELOPE. The officially
691	691	prescribed carrier envelope for voting under this subchapter shall
692	692	be prepared so that it can be mailed free of United States postage,
693	693	as provided by the federal Uniformed and Overseas Citizens Absentee
694	694	Voting Act (52 U.S.C. Sections 20301-20311) [(42 U.S.C. Section
695	695	1973ff et seq.)], and must contain the label prescribed by Section
696	696	101.056(a) for the envelope in which the balloting materials are
697	697	sent to a voter. The secretary of state shall provide early voting
698	698	clerks with instructions on compliance with this section.
699	699	SECTION 41. Section 101.102(b), Election Code, is amended
700	700	to read as follows:
701	701	(b) The early voting clerk shall grant a request made under
702	702	this section for the e-mail transmission of balloting materials if:
703	703	(1) the requestor has submitted a valid federal
704	704	postcard application and:
705	705	(A) if the requestor is a person described by
706	706	Section 101.001(2)(C), has provided a current mailing address that
707	707	is located outside the United States; or
708	708	(B) if the requestor is a person described by
709	709	Section 101.001(2)(A), [or] (B), or (B-1), has provided a current
710	710	mailing address that is located outside the [requestor's] county
711	711	where the requestor is registered to vote [of residence];
712	712	(2) the requestor provides an e-mail address:
713	713	(A) that corresponds to the address on file with
714	714	the requestor's federal postcard application; or
715	715	(B) stated on a newly submitted federal postcard
716	716	application;
717	717	(3) the request is submitted on or before the deadline
718	718	prescribed by Section 84.007 [seventh day before the date of the
719	719	election]; and
720	720	(4) a marked ballot for the election from the
721	721	requestor has not been received by the early voting clerk.
722	722	SECTION 42. Section 101.107(a), Election Code, is amended
723	723	to read as follows:
724	724	(a) A voter described by Section 101.001(2)(A), [or] (B), or
725	725	(B-1) must be voting from outside the voter's county of residence. A
726	726	voter described by Section 101.001(2)(C) must be voting from
727	727	outside the United States.
728	728	SECTION 43. Section 102.002, Election Code, is amended to
729	729	read as follows:
730	730	Sec. 102.002. CONTENTS OF APPLICATION. An application for
731	731	a late ballot must comply with the applicable provisions of Section
732	732	84.002 and must include or be accompanied by a certificate of a
733	733	licensed physician or chiropractor or accredited Christian Science
734	734	practitioner in substantially the following form:
735	735	"This is to certify that I know that __________ cannot appear
736	736	at the polling place during the early voting period or on election
737	737	day [has a sickness or physical condition that will prevent him or
738	738	her from appearing at the polling place] for an election to be held
739	739	on the __________ day of __________, 20 [19]___, without [a
740	740	likelihood of needing personal] assistance due to illness, injury,
741	741	prescribed medical confinement, or mental or physical impairment,
742	742	[or of injuring his or her health] and that the [sickness or
743	743	physical] condition originated on or after __________.
744	744	"Witness my hand at __________, Texas, this __________ day of
745	745	__________, 20 [19]___.
746	746	________________________________
747	747	(signature of physician,
748	748	chiropractor, or practitioner)"
749	749	SECTION 44. Section 111.008, Election Code, is amended to
750	750	read as follows:
751	751	Sec. 111.008. NOTING RESTRICTED BALLOT VOTER ON POLL LIST
752	752	AND REGISTERED VOTER LIST. (a) For each voter accepted to vote a
753	753	restricted ballot, a notation shall be made beside the voter's name
754	754	on the early voting poll list indicating that a restricted ballot
755	755	was voted and the type of restricted ballot. If the voter's name
756	756	appears on the list of registered voters used for conducting early
757	757	voting, a similar notation shall be made on that list unless the
758	758	form of the list makes it impracticable to do so.
759	759	(b) The election officer accepting the voter shall
760	760	electronically submit a record to the secretary of state of each
761	761	voter accepted to vote a restricted ballot in a primary, a runoff
762	762	primary, a general election, or any special election ordered by the
763	763	governor not later than the day the voter is accepted.
764	764	SECTION 45. Chapter 112, Election Code, is amended by
765	765	adding Section 112.0075 to read as follows:
766	766	Sec. 112.0075. VERIFYING VOTING STATUS OF APPLICANT FOR
767	767	BALLOT. Before accepting an applicant to vote a limited ballot or,
768	768	in the case of an application for a limited ballot to be voted by
769	769	mail, before providing a ballot to the applicant, the early voting
770	770	clerk shall verify, if possible, using the system established by
771	771	the secretary of state, that the applicant has not previously voted
772	772	in any other county in the same election. If the person has applied
773	773	for a ballot to be voted by mail, or has been recorded as voting in
774	774	the same election, the limited ballot application shall be
775	775	rejected.
776	776	SECTION 46. Section 113.003, Election Code, is amended to
777	777	read as follows:
778	778	Sec. 113.003. SUBMITTING APPLICATION FOR MAIL BALLOT. An
779	779	application for a presidential ballot to be voted by mail must be
780	780	submitted to the early voting clerk serving the county of the
781	781	applicant's most recent registration to vote by the deadline under
782	782	Section 84.007.
783	783	SECTION 47. Section 127.126, Election Code, is amended by
784	784	amending Subsection (f) and adding Subsection (g) to read as
785	785	follows:
786	786	(f) The duplicate shall be substituted for the original
787	787	ballot in the ballots prepared for automatic counting. The original
788	788	must be clearly labeled "Original," must bear the serial number of
789	789	the duplicate ballot, and shall be preserved with the other voted
790	790	ballots for the same period.
791	791	(g) When duplicating damaged early voting ballots delivered
792	792	under Section 87.102, the early voting ballot board shall, at the
793	793	request of the central counting station manager, duplicate ballots
794	794	in teams consisting of an equal number of committee members from
795	795	each political party to the extent practicable. Poll watchers are
796	796	entitled to be present and observe the duplication process.
797	797	SECTION 48. Section 192.033(d), Election Code, is amended
798	798	to read as follows:
799	799	(d) In conjunction with the certification required under
800	800	Subsection (a), the secretary of state shall include appropriate
801	801	ballot translation language, as applicable, for each language
802	802	certified statewide or in a specific county by the director of the
803	803	census under the federal Uniformed and Overseas Citizens Absentee
804	804	Voting Act (52 U.S.C. Sections 20301-20311) [42 U.S.C. Section
805	805	1973aa-1a].
806	806	SECTION 49. Section 32.53(a)(2), Penal Code, is amended to
807	807	read as follows:
808	808	(2) "Exploitation" means the illegal or improper use
809	809	of a child, elderly individual, or disabled individual or of the
810	810	resources of a child, elderly individual, or disabled individual
811	811	for monetary or personal benefit, profit, or gain, and includes a
812	812	violation of Section 86.010 or 86.0105, Election Code, where the
813	813	offense involves a voter 65 years of age or older or a disabled
814	814	individual.
815	815	SECTION 50. The following provisions of the Election Code
816	816	are repealed:
817	817	(1) Section 33.051(c);
818	818	(2) Section 86.006(a-1);
819	819	(3) Section 87.042(c); and
820	820	(4) Section 105.002.
821	821	SECTION 51. The changes in law made by this Act in amending
822	822	the elements of an offense or repealing or amending the punishments
823	823	for existing criminal offenses apply only to an offense committed
824	824	on or after the effective date of this Act. An offense committed
825	825	before the effective date of this Act is governed by the law in
826	826	effect on the date the offense was committed, and the former law is
827	827	continued in effect for that purpose. For purposes of this section,
828	828	an offense was committed before the effective date of this Act if
829	829	any element of the offense occurred before that date.
830	830	SECTION 52. This Act takes effect September 1, 2021.