Texas 2021 - 87th Regular

Texas Senate Bill SB1613 Compare Versions

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

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1	1	87R9715 BRG-D
2	2	By: Hall S.B. No. 1613
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to early voting ballots voted by mail; creating a criminal
8	8	offense.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subchapter C, Chapter 52, Election Code, is
11	11	amended by adding Section 52.076 to read as follows:
12	12	Sec. 52.076. IDENTIFYING CODE OR MICROCHIP FOR MAIL-IN
13	13	BALLOTS. (a) Each early voting ballot voted by mail must include a
14	14	unique barcode or microchip used to ensure that the ballot is only
15	15	counted once.
16	16	(b) No record associating an individual voter with a barcode
17	17	or microchip assigned to a ballot under this section may be created.
18	18	(c) The secretary of state by rule shall provide for the
19	19	design and distribution of a unique barcode or microchip system in a
20	20	manner that, to the greatest extent possible, prevents the
21	21	unauthorized reproduction or misuse of mail ballots.
22	22	SECTION 2. Section 82.001(a), Election Code, is amended to
23	23	read as follows:
24	24	(a) Subject to Subsection (b), a qualified voter is eligible
25	25	for early voting by mail if the voter is unable [expects] to be
26	26	present in [absent from] the county of the voter's residence on
27	27	election day and during [the regular hours for conducting early
28	28	voting at the main early voting polling place for that part of] the
29	29	period for early voting by personal appearance [remaining after the
30	30	voter's early voting ballot application is submitted to the early
31	31	voting clerk].
32	32	SECTION 3. Section 84.001(b), Election Code, is amended to
33	33	read as follows:
34	34	(b) An application must be in writing and signed by the
35	35	applicant. An electronic signature that is not hand drawn is not
36	36	permitted.
37	37	SECTION 4. Section 84.002(a), Election Code, is amended to
38	38	read as follows:
39	39	(a) An early voting ballot application must include:
40	40	(1) the applicant's name and the address at which the
41	41	applicant is registered to vote;
42	42	(1-a) a copy of one form of photo identification
43	43	listed in Section 63.0101(a);
44	44	(2) for an application for a ballot to be voted by mail
45	45	on the ground of absence from the county of residence, the address
46	46	outside the applicant's county of residence to which the ballot is
47	47	to be mailed;
48	48	(3) for an application for a ballot to be voted by mail
49	49	on the ground of [age or] disability, the address of the hospital,
50	50	nursing home or other long-term care facility, or retirement
51	51	center, or of a person related to the applicant within the second
52	52	degree by affinity or the third degree by consanguinity, as
53	53	determined under Chapter 573, Government Code, if the applicant is
54	54	living at that address and that address is different from the
55	55	address at which the applicant is registered to vote;
56	56	(4) [for an application for a ballot to be voted by
57	57	mail on the ground of confinement in jail, the address of the jail
58	58	or of a person related to the applicant within the degree described
59	59	by Subdivision (3);
60	60	[(5)] for an application for a ballot to be voted by
61	61	mail on any ground, an indication of each election for which the
62	62	applicant is applying for a ballot; and
63	63	(5) [(6)] an indication of the ground of eligibility
64	64	for early voting.
65	65	SECTION 5. Section 84.011(a), Election Code, is amended to
66	66	read as follows:
67	67	(a) The officially prescribed application form for an early
68	68	voting ballot must include:
69	69	(1) immediately preceding the signature space the
70	70	statement: "I certify that the information given in this
71	71	application is true, and I understand that giving false information
72	72	in this application is a crime.";
73	73	(2) a statement informing the applicant of the
74	74	offenses prescribed by Sections 84.003 and 84.004;
75	75	(3) spaces for entering an applicant's voter
76	76	registration number and county election precinct of registration,
77	77	with a statement informing the applicant that failure to furnish
78	78	that information does not invalidate the application; and
79	79	(4) on an application for a ballot to be voted by mail:
80	80	(A) a space for an applicant applying on the
81	81	ground of absence from the county of residence to indicate the date
82	82	on or after which the applicant can receive mail at the address
83	83	outside the county;
84	84	(B) a space for indicating the fact that an
85	85	applicant whose application is signed by a witness cannot make the
86	86	applicant's mark and a space for indicating the relationship or
87	87	lack of relationship of the witness to the applicant;
88	88	(C) a space for entering an applicant's telephone
89	89	number, with a statement informing the applicant that failure to
90	90	furnish that information does not invalidate the application;
91	91	(D) a space or box for an applicant applying on
92	92	the ground of [age or] disability to indicate that the address to
93	93	which the ballot is to be mailed is the address of a facility or
94	94	relative described by Section 84.002(a)(3), if applicable;
95	95	(E) [a space or box for an applicant applying on
96	96	the ground of confinement in jail to indicate that the address to
97	97	which the ballot is to be mailed is the address of a relative
98	98	described by Section 84.002(a)(4), if applicable;
99	99	[(F)] a space for an applicant applying on the
100	100	ground of [age or] disability to indicate if the application is an
101	101	application under Section 86.0015;
102	102	(F) [(G)] spaces for entering the signature,
103	103	printed name, and residence address of any person assisting the
104	104	applicant;
105	105	(G) [(H)] a statement informing the applicant of
106	106	the condition prescribed by Section 81.005; and
107	107	(H) [(I)] a statement informing the applicant of
108	108	the requirement prescribed by Section 86.003(c).
109	109	SECTION 6. Subchapter A, Chapter 84, Election Code, is
110	110	amended by adding Sections 84.0111 and 84.015 to read as follows:
111	111	Sec. 84.0111. UNSOLICITED PROVISION OF OFFICIAL
112	112	APPLICATION FORM. A person may not mail or otherwise provide an
113	113	application form for an early voting ballot to a person who did not
114	114	solicit the form.
115	115	Sec. 84.015. BIPARTISAN TEAMS FOR ASSISTANCE OF CERTAIN
116	116	INDIVIDUALS. Notwithstanding any other law, each early voting
117	117	clerk shall create a bipartisan team to assist any individual
118	118	confined to a nursing home, hospital, or similar facility during
119	119	the early voting period and on election day with submitting an
120	120	application to vote by mail and with submitting a ballot voted by
121	121	mail.
122	122	SECTION 7. Section 86.001, Election Code, is amended by
123	123	adding Subsections (f), (h), (i), and (j) to read as follows:
124	124	(f) If the application does not include a copy of one form of
125	125	photo identification listed in Section 63.0101(a), the clerk shall
126	126	reject the application.
127	127	(h) The clerk may not mail or otherwise provide an early
128	128	voting ballot to a person who did not submit an application for a
129	129	ballot to be voted by mail.
130	130	(i) The clerk shall reject an application for a ballot to be
131	131	voted by mail if the clerk determines that the signature on the
132	132	application was executed by a person other than the voter, unless
133	133	the application was signed by a witness. In making the
134	134	determination, the clerk may compare the signature with any two or
135	135	more signatures of the voter made within the preceding six years and
136	136	on file with the county clerk or voter registrar.
137	137	(j) Before the clerk mails or provides a ballot to an
138	138	applicant, the clerk shall identify the unique barcode included on
139	139	the carrier envelope and make a record indicating that a carrier
140	140	envelope with the unique barcode was issued.
141	141	SECTION 8. Section 86.0015(a), Election Code, is amended to
142	142	read as follows:
143	143	(a) This section applies only to an application for a ballot
144	144	to be voted by mail that:
145	145	(1) indicates the ground of eligibility is [age or]
146	146	disability; and
147	147	(2) does not specify the election for which a ballot is
148	148	requested or has been marked by the applicant as an application for
149	149	more than one election.
150	150	SECTION 9. Section 86.003(c), Election Code, is amended to
151	151	read as follows:
152	152	(c) The address to which the balloting materials must be
153	153	addressed is the address at which the voter is registered to vote,
154	154	or the registered mailing address if different, unless the ground
155	155	for voting by mail is:
156	156	(1) absence from the county of residence, in which
157	157	case the address must be an address outside the voter's county of
158	158	residence; or
159	159	(2) [confinement in jail, in which case the address
160	160	must be the address of the jail or of a relative described by
161	161	Section 84.002(a)(4); or
162	162	[(3) age or] disability and the voter is living at a
163	163	hospital, nursing home or other long-term care facility, or
164	164	retirement center, or with a relative described by Section
165	165	84.002(a)(3), in which case the address must be the address of that
166	166	facility or relative.
167	167	SECTION 10. Chapter 86, Election Code, is amended by adding
168	168	Section 86.0053 to read as follows:
169	169	Sec. 86.0053. WITNESS REQUIRED FOR BALLOTS VOTED BY MAIL.
170	170	(a) A ballot voted by mail in accordance with this chapter is not
171	171	valid unless:
172	172	(1) the voter signs the carrier envelope in the
173	173	presence of a witness or a notary public; and
174	174	(2) the witness or notary public signs the carrier
175	175	envelope.
176	176	(b) A person who serves as a witness must provide the
177	177	person's name, address, and telephone number on the carrier
178	178	envelope.
179	179	(c) A person may not serve as a witness for more than:
180	180	(1) one voter under this section who is not related to
181	181	the person within the second degree by affinity or third degree by
182	182	consanguinity, as determined under Subchapter B, Chapter 573,
183	183	Government Code; or
184	184	(2) five voters under this section who are related to
185	185	the person within the second degree by affinity or third degree by
186	186	consanguinity, as determined under Subchapter B, Chapter 573,
187	187	Government Code.
188	188	(d) The secretary of state shall adopt rules and prescribe
189	189	procedures as necessary to implement this section.
190	190	SECTION 11. Section 86.006(a-1), Election Code, is amended
191	191	to read as follows:
192	192	(a-1) The voter may deliver a marked ballot in person to the
193	193	early voting clerk's office only while the polls are open on
194	194	election day. A voter who delivers a marked ballot in person must
195	195	present an acceptable form of identification described by Section
196	196	63.0101. The ballot drop-off location at the early voting clerk's
197	197	office must be located in a secure setting and under 24-hour
198	198	security and video surveillance.
199	199	SECTION 12. Chapter 86, Election Code, is amended by adding
200	200	Section 86.0061 to read as follows:
201	201	Sec. 86.0061. PROHIBITION ON VOTE HARVESTING OF MAIL IN
202	202	BALLOTS. (a) A person commits an offense if the person knowingly
203	203	collects or possesses a ballot voted by mail or official carrier
204	204	envelope from a voter for the purpose of delivering votes for a
205	205	specific candidate or measure.
206	206	(b) An offense under this section is a felony of the third
207	207	degree punishable by imprisonment in the Texas Department of
208	208	Criminal Justice for a term not to exceed five years, a fine not to
209	209	exceed $5,000, or both the imprisonment and the fine.
210	210	SECTION 13. Sections 86.007(a), (d), and (e), Election
211	211	Code, are amended to read as follows:
212	212	(a) Except as provided by Subsection (d), a marked ballot
213	213	voted by mail must arrive at the address on the carrier envelope[:
214	214	[(1)] before the time the polls are required to close
215	215	on election day[; or
216	216	[(2) not later than 5 p.m. on the day after election
217	217	day, if the carrier envelope was placed for delivery by mail or
218	218	common or contract carrier before election day and bears a
219	219	cancellation mark of a common or contract carrier or a courier
220	220	indicating a time not later than 7 p.m. at the location of the
221	221	election on election day].
222	222	(d) A marked ballot voted by mail that arrives after the
223	223	time prescribed by Subsection (a) shall be counted if:
224	224	(1) the ballot was cast from an address outside the
225	225	United States;
226	226	(2) the carrier envelope was placed for delivery
227	227	before the time the ballot is required to arrive under Subsection
228	228	(a) [(a)(1)]; and
229	229	(3) the ballot arrives at the address on the carrier
230	230	envelope not later than the fifth day after the date of the
231	231	election.
232	232	(e) A delivery under Subsection [(a)(2) or] (d) is timely,
233	233	except as otherwise provided by this title, if the carrier envelope
234	234	or, if applicable, the envelope containing the carrier envelope:
235	235	(1) is properly addressed with postage or handling
236	236	charges prepaid; and
237	237	(2) bears a cancellation mark of a recognized postal
238	238	service or a receipt mark of a common or contract carrier or a
239	239	courier indicating a time before the deadline.
240	240	SECTION 14. Section 86.011, Election Code, is amended by
241	241	amending Subsections (a), (b), and (c) and adding Subsection (a-1)
242	242	to read as follows:
243	243	(a) The early voting clerk shall determine whether the
244	244	return of a voter's official carrier envelope for a ballot voted by
245	245	mail is timely.
246	246	(a-1) The early voting clerk shall scan the unique barcode
247	247	on the official carrier envelope, make a record of the barcode, and
248	248	determine whether the unique barcode matches the barcode of an
249	249	official carrier envelope recorded under Section 86.001(j). The
250	250	clerk shall reject a carrier envelope with a barcode that:
251	251	(1) does not match the barcode of an official carrier
252	252	envelope recorded under Section 86.001(j); or
253	253	(2) matches a barcode of an official carrier envelope
254	254	that has already been received by the early voting clerk.
255	255	(b) If the return is timely and the carrier envelope is not
256	256	rejected under Subsection (a-1), the clerk shall enclose the
257	257	carrier envelope and the voter's early voting ballot application in
258	258	a jacket envelope. The clerk shall also include in the jacket
259	259	envelope:
260	260	(1) a copy of the voter's federal postcard application
261	261	if the ballot is voted under Chapter 101; and
262	262	(2) the signature cover sheet, if the ballot is voted
263	263	under Chapter 105.
264	264	(c) If the return is not timely or the carrier envelope is
265	265	rejected under Subsection (a-1), the clerk shall enter the time of
266	266	receipt on the carrier envelope and retain it for the period for
267	267	preserving the precinct election records. The clerk shall destroy
268	268	the unopened envelope and its contents after the preservation
269	269	period.
270	270	SECTION 15. Section 86.013, Election Code, is amended by
271	271	amending Subsection (b) and adding Subsection (h) to read as
272	272	follows:
273	273	(b) Spaces must appear on the reverse side of the official
274	274	carrier envelope for:
275	275	(1) indicating the identity and date of the election;
276	276	[and]
277	277	(2) entering the signature, printed name, and
278	278	residence address of a person other than the voter who deposits the
279	279	carrier envelope in the mail or with a common or contract carrier;
280	280	(3) entering the signature, printed name, residence
281	281	address, and telephone number of the person who witnesses the voter
282	282	sign the carrier envelope under Section 86.0053; and
283	283	(4) placing the signature and seal of a notary public
284	284	who witnesses the voter sign the carrier envelope under Section
285	285	86.0053.
286	286	(h) Each official carrier envelope must include a unique
287	287	barcode that may be identified and recorded by the early voting
288	288	clerk under Sections 86.001(j) and 86.011(a-1).
289	289	SECTION 16. Chapter 86, Election Code, is amended by adding
290	290	Section 86.015 to read as follows:
291	291	Sec. 86.015. STATE ELECTION DATABASE. (a) The secretary of
292	292	state shall maintain a state election database that is available to
293	293	the public for review.
294	294	(b) Not later than 24 hours after the early voting clerk
295	295	receives an application to vote by mail, places an official ballot
296	296	in the mail, or receives a marked ballot voted by mail, the clerk
297	297	shall upload the following information to the state election
298	298	database:
299	299	(1) the name of the person who:
300	300	(A) provided an application to vote by mail;
301	301	(B) received an official ballot to be voted by
302	302	mail; or
303	303	(C) returned an official ballot voted by mail;
304	304	and
305	305	(2) the time and date that:
306	306	(A) the application was received;
307	307	(B) the official ballot was placed in the mail;
308	308	or
309	309	(C) the marked ballot voted by mail was received.
310	310	(c) The secretary of state shall adopt rules and prescribe
311	311	procedures as necessary to implement this section.
312	312	SECTION 17. Section 87.027, Election Code, is amended by
313	313	amending Subsection (i) and adding Subsection (i-1) to read as
314	314	follows:
315	315	(i) The signature verification committee shall compare the
316	316	signature on each carrier envelope certificate, except those signed
317	317	for a voter by a witness, with the signature on the voter's ballot
318	318	application and the voter's registration application to determine
319	319	whether the signatures are those of the voter. The committee may
320	320	also compare the signatures with any two or more signatures of the
321	321	voter made within the preceding six years and on file with the
322	322	county clerk or voter registrar to determine whether the signatures
323	323	are those of the voter. Except as provided by Subsection (l), a
324	324	determination under this subsection that the signatures are not
325	325	those of the voter must be made by a majority vote of the
326	326	committee's membership. The committee shall place the jacket
327	327	envelopes, carrier envelopes, and applications of voters whose
328	328	signatures are not those of the voter in separate containers from
329	329	those of voters whose signatures are those of the voter. The
330	330	committee chair shall deliver the sorted materials to the early
331	331	voting ballot board at the time specified by the board's presiding
332	332	judge.
333	333	(i-1) If the signature verification committee uses software
334	334	to compare signatures under Subsection (i), the software must have
335	335	a 95 percent rate of accuracy.
336	336	SECTION 18. Section 87.041, Election Code, is amended by
337	337	amending Subsections (b) and (e) and adding Subsection (e-1) to
338	338	read as follows:
339	339	(b) A ballot may be accepted only if:
340	340	(1) the carrier envelope certificate is properly
341	341	executed;
342	342	(2) neither the voter's signature on the ballot
343	343	application nor the signature on the carrier envelope certificate
344	344	is determined to have been executed by a person other than the
345	345	voter, unless signed by a witness;
346	346	(3) the voter's ballot application states a legal
347	347	ground for early voting by mail;
348	348	(4) the voter is registered to vote, if registration
349	349	is required by law;
350	350	(5) the address to which the ballot was mailed to the
351	351	voter, as indicated by the application, was outside the voter's
352	352	county of residence, if the ground for early voting is absence from
353	353	the county of residence;
354	354	(6) for a voter to whom a statement of residence form
355	355	was required to be sent under Section 86.002(a), the statement of
356	356	residence is returned in the carrier envelope and indicates that
357	357	the voter satisfies the residence requirements prescribed by
358	358	Section 63.0011; [and]
359	359	(7) the address to which the ballot was mailed to the
360	360	voter is an address that is otherwise required by Sections 84.002
361	361	and 86.003; and
362	362	(8) the carrier envelope is signed by a witness or
363	363	notary public as required under Section 86.0053.
364	364	(e) In making the determination under Subsection (b)(2),
365	365	the board shall compare the signature of the voter on the carrier
366	366	envelope certificate with the signature of the voter on the voter's
367	367	registration application submitted under Section 13.002. The board
368	368	may also compare the signatures with any two or more signatures of
369	369	the voter made within the preceding six years and on file with the
370	370	county clerk or voter registrar to determine whether the signatures
371	371	are those of the voter.
372	372	(e-1) If the board uses software to compare signatures under
373	373	Subsection (b)(2), the software must have a 95 percent rate of
374	374	accuracy.
375	375	SECTION 19. Section 87.062, Election Code, is amended by
376	376	adding Subsection (a-1) to read as follows:
377	377	(a-1) Before counting a ballot voted by mail, the early
378	378	voting ballot board shall identify the unique barcode or microchip
379	379	included on the ballot under Section 52.076, make a record
380	380	indicating that the board has counted a ballot with that barcode or
381	381	microchip, and compare the barcode or microchip to records of other
382	382	counted ballots. If the barcode or microchip on the ballot is the
383	383	same as a barcode or microchip recorded for a ballot that has
384	384	already been counted, the board may not count the ballot. Ballots
385	385	not counted under this section shall be placed in an envelope and
386	386	treated in the same manner as rejected ballots under Section
387	387	87.043.
388	388	SECTION 20. Section 87.103, Election Code, is amended by
389	389	adding Subsection (a-1) to read as follows:
390	390	(a-1) Before counting a ballot voted by mail, the unique
391	391	barcode or microchip included on each ballot under Section 52.076
392	392	must be identified, recorded, and compared to the barcode or
393	393	microchip records of other counted ballots. If the barcode or
394	394	microchip on the ballot is the same as a barcode or microchip
395	395	recorded for a ballot that has already been counted, the ballot may
396	396	not be counted. Ballots not counted under this section shall be
397	397	placed in an envelope and treated in the same manner as rejected
398	398	ballots under Section 87.043.
399	399	SECTION 21. The following sections of the Election Code are
400	400	repealed:
401	401	(1) Section 82.003;
402	402	(2) Section 82.004; and
403	403	(3) Section 84.009.
404	404	SECTION 22. The changes in law made by this Act apply only
405	405	to an application to vote an early voting ballot by mail submitted
406	406	on or after the effective date of this Act. An application to vote
407	407	an early voting ballot by mail submitted before the effective date
408	408	of this Act is governed by the law in effect when the application
409	409	was submitted, and the former law is continued in effect for that
410	410	purpose.
411	411	SECTION 23. This Act takes effect immediately if it
412	412	receives a vote of two-thirds of all the members elected to each
413	413	house, as provided by Section 39, Article III, Texas Constitution.
414	414	If this Act does not receive the vote necessary for immediate
415	415	effect, this Act takes effect September 1, 2021.