Texas 2021 - 87th Regular

Texas Senate Bill SB1899 Compare Versions

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1	1	By: Zaffirini S.B. No. 1899
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to elections.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 13.001(b), Election Code, is amended to
9	9	read as follows:
10	10	(b) To be eligible to apply for registration, a person must,
11	11	on the date the registration application is submitted to the
12	12	registrar, be at least 16 [17] years [and 10 months] of age and
13	13	satisfy the requirements of Subsection (a) except for age.
14	14	SECTION 2. Section 13.002, Election Code, is amended by
15	15	amending Subsections (a) and (e) and adding Subsections (c-1) and
16	16	(e-1) to read as follows:
17	17	(a) A person desiring to register to vote must submit an
18	18	application to the registrar of the county in which the person
19	19	resides. Except as provided by Subsections [Subsection] (e) and
20	20	(e-1), an application must be submitted by personal delivery, by
21	21	mail, or by telephonic facsimile machine in accordance with
22	22	Sections 13.143(d) and (d-2).
23	23	(c-1) In addition to the other requirements prescribed by
24	24	this section, an application must include a space for an applicant
25	25	under 18 years of age to respond to the following question: "Are you
26	26	at least 16 years of age and understand that you must be 18 years of
27	27	age on or before election day to vote, and that until you will be 18
28	28	years of age at the time of such election your registration will be
29	29	marked 'pending' and you will be unable to cast a ballot in any
30	30	election?"
31	31	(e) Notwithstanding Section 82.005, a [A] person who is
32	32	certified for participation in the address confidentiality program
33	33	administered by the attorney general under Subchapter B, Chapter
34	34	58, Code of Criminal Procedure, is not eligible for early voting by
35	35	mail [under Section 82.007] unless the person submits an
36	36	application under this section by personal delivery. The secretary
37	37	of state may adopt rules to implement this subsection.
38	38	(e-1) A registrar shall adopt procedures to allow a voter
39	39	registration agency to deliver a completed voter registration
40	40	application over the Internet. The secretary of state shall review
41	41	any procedures adopted under this section to ensure the procedures
42	42	comply with the provisions of this code.
43	43	SECTION 3. Subchapter A, Chapter 13, Election Code, is
44	44	amended by adding Section 13.009 to read as follows:
45	45	Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
46	46	secretary of state shall implement a program to allow a person to
47	47	complete a voter registration application over the Internet from
48	48	the official website of this state. The Internet websites of the
49	49	secretary of state and the Department of Public Safety must also
50	50	provide a link to the location of the application on the official
51	51	Internet website of this state.
52	52	(b) An applicant for electronic voter registration who has a
53	53	driver's license or personal identification card issued in this
54	54	state, regardless of whether the license or card is unexpired,
55	55	must:
56	56	(1) attest to the truth of the information provided on
57	57	the application by affirmatively accepting the information as true;
58	58	and
59	59	(2) affirmatively consent to the use of the signature
60	60	on the applicant's driver's license or personal identification card
61	61	for voter registration purposes.
62	62	(c) An applicant for electronic voter registration who does
63	63	not have a driver's license or personal identification card issued
64	64	in this state must:
65	65	(1) attest to the truth of the information provided on
66	66	the application by affirmatively accepting the information as true;
67	67	and
68	68	(2) print a registration application from the Internet
69	69	website the applicant is using to register, sign the application,
70	70	and mail it to the registrar.
71	71	(d) For each application submitted under Subsection (b),
72	72	the program shall require that a digital copy of the applicant's
73	73	signature be obtained from the Department of Public Safety.
74	74	(e) For each application submitted under Subsection (c),
75	75	the program shall provide the applicant with:
76	76	(1) a registration application that the applicant can
77	77	print from the registration website, sign, and mail to the
78	78	registrar as required under Subsection (c)(2); and
79	79	(2) information about how the applicant can obtain a
80	80	driver's license or personal identification card from the
81	81	Department of Public Safety.
82	82	(f) An application submitted under this section is
83	83	considered for all purposes an application submitted by mail under
84	84	this title.
85	85	(g) The secretary of state shall adopt rules as necessary to
86	86	implement this section, including rules to provide for additional
87	87	security measures necessary to ensure the accuracy and integrity of
88	88	applications submitted electronically.
89	89	(h) The rules adopted under Subsection (g) must require
90	90	that:
91	91	(1) the Internet website through which a person may
92	92	complete a voter registration application include a description of
93	93	the offense described by Section 13.007 in a conspicuous location
94	94	on the website near the place where the person begins or submits the
95	95	application; and
96	96	(2) the state electronic Internet portal project be
97	97	used to authenticate the identity of a person who submits an
98	98	application electronically under this section.
99	99	SECTION 4. Subchapter A, Chapter 13, Election Code, is
100	100	amended by adding Section 13.010 to read as follows:
101	101	Sec. 13.010. AUTOMATIC VOTER REGISTRATION. (a) The voter
102	102	registrar of each county shall automatically register any county
103	103	resident who is eligible to vote as provided by Section 13.001 and:
104	104	(1) is issued a Texas driver's license or a personal
105	105	identification card by the Department of Public Safety; or
106	106	(2) makes a change to a Texas driver's license or
107	107	personal identification card issued by the Department of Public
108	108	Safety.
109	109	(b) A driver's license or personal identification card
110	110	transaction with an indication provided by Section 262(b) or
111	111	20.063(c) that the transaction is not for voter registration
112	112	purposes is not subject to this section.
113	113	(c) The secretary of state by rule shall prescribe
114	114	procedures for the voter registrar of each county to automatically
115	115	register any county resident who is eligible to vote when the
116	116	resident applies for agency services at any agency designated under
117	117	Chapter 20.
118	118	(d) It is a defense to prosecution under Section 64.012 or
119	119	other law that a voter did not wilfully or knowingly seek to
120	120	register to vote when the voter is not eligible to do so as a result
121	121	of merely failing to decline registration under this section or
122	122	under Chapter 20.
123	123	SECTION 5. Section 13.046(h), Election Code, is amended to
124	124	read as follows:
125	125	(h) The secretary of state shall:
126	126	(1) consult with the Texas Education Agency regarding
127	127	the number of registration application forms to provide to each
128	128	high school;
129	129	(2) provide to each high school registration
130	130	application forms once each fall and spring semester in the number
131	131	determined from the consultation under Subdivision (1); and
132	132	(3) prescribe any additional procedures necessary to
133	133	implement this section.
134	134	SECTION 6. Section 15.021, Election Code, is amended by
135	135	amending Subsections (b) and (d) and adding Subsections (d-1) and
136	136	(d-2) to read as follows:
137	137	(b) Except as provided by Subsection (d), the [The] voter
138	138	shall use the registration certificate or a registration
139	139	application form as the notice, indicating the correct information
140	140	in the appropriate space on the certificate or application form
141	141	unless the voter does not have possession of the certificate or an
142	142	application form at the time of giving the notice.
143	143	(d) A voter [who continues to reside in the county in which
144	144	the voter is registered] may correct information under this section
145	145	by digital transmission of the information under a program
146	146	administered by the secretary of state and the Department of
147	147	Information Resources.
148	148	(d-1) If the notice indicates that a voter no longer resides
149	149	in the county in which the voter is registered, the registrar shall
150	150	forward the notice and the voter's original application for
151	151	registration to the registrar of the county in which the voter
152	152	resides. The registrars shall coordinate to ensure that the
153	153	voter's existing registration is canceled immediately after the
154	154	voter is registered in the county in which the voter resides in
155	155	accordance with Subsection (d-2).
156	156	(d-2) A registrar who receives a voter's notice and
157	157	application from another registrar under Subsection (d-1) shall
158	158	treat it as an original application for registration under Section
159	159	13.002, and shall register the voter if the voter resides in the
160	160	county and is otherwise eligible under Section 13.001.
161	161	SECTION 7. Section 15.022, Election Code, is amended by
162	162	adding Subsection (c) to read as follows:
163	163	(c) If an application clearly indicates that the applicant
164	164	resides in another county, the registrar shall forward the
165	165	application to the other county's registrar not later than the
166	166	second day after the date the application is received and, if the
167	167	other county is not contiguous, shall deliver written notice of
168	168	that action to the applicant not later than the seventh day after
169	169	the date the application is received. The date of submission of a
170	170	completed application to the wrong registrar is considered to be
171	171	the date of submission to the proper registrar for purposes of
172	172	determining the effective date of the registration.
173	173	SECTION 8. Section 20.032, Election Code, is amended by
174	174	amending Subsections (a) and (c) and adding Subsection (e) to read
175	175	as follows:
176	176	(a) An appropriate agency employee shall routinely inform
177	177	each person who applies [in person] for agency services of the
178	178	opportunity to complete a voter registration application form and
179	179	on request shall provide nonpartisan voter registration assistance
180	180	to the applicant.
181	181	(c) On receipt of a registration application, the
182	182	appropriate agency employee shall review it for completeness [in
183	183	the applicant's presence]. If the application does not contain all
184	184	the required information and the required signature, the agency
185	185	employee shall return the application to the applicant for
186	186	completion and resubmission.
187	187	(e) Notwithstanding any other provision of law, an agency
188	188	shall adopt procedures providing for:
189	189	(1) a person applying for initial services,
190	190	recertification, renewal, or change of address with the agency over
191	191	the Internet to also complete a voter registration application
192	192	online; and
193	193	(2) the delivery of a voter registration application
194	194	to the voter registrar over the Internet.
195	195	SECTION 9. Section 20.061, Election Code, is amended to
196	196	read as follows:
197	197	Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
198	198	provisions of this chapter apply to the Department of Public Safety
199	199	except provisions that conflict with this subchapter or Section
200	200	13.010.
201	201	SECTION 10. Section 20.062(b), Election Code, is amended to
202	202	read as follows:
203	203	(b) The department shall prescribe and use a change of
204	204	address form and procedure that combines department and voter
205	205	registration functions. The form must allow a licensee or
206	206	cardholder to indicate that [whether] the change of address is not
207	207	[also to be used] for voter registration purposes.
208	208	SECTION 11. Section 20.063, Election Code, is amended to
209	209	read as follows:
210	210	Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
211	211	of Public Safety shall consider an application made in person, by
212	212	mail, or online at the department's Internet website [provide to
213	213	each person who applies in person at the department's offices] for
214	214	an original or renewal of a driver's license, a personal
215	215	identification card, or a duplicate or corrected license or card by
216	216	a person who is eligible to vote as provided by Section 13.001 an
217	217	application for [opportunity to complete a] voter registration.
218	218	The date of application is considered to be the date of submission
219	219	to the voter registrar for the purpose of determining the effective
220	220	date of registration [application form].
221	221	(b) The Department of Public Safety shall consider a change
222	222	of address that relates to [When the department processes] a
223	223	license or card and that is submitted to [for renewal by mail,] the
224	224	department [shall deliver to the applicant by mail a voter
225	225	registration application form.
226	226	[(c) A change of address that relates to a license or card
227	227	and that is submitted to the department] in person, [or] by mail, or
228	228	online at the department's Internet website [serves] as a change in
229	229	[of address for] voter registration [unless the licensee or
230	230	cardholder indicates that the change is not for voter registration
231	231	purposes]. The date of submission of a change of address to a
232	232	department employee is considered to be the date of submission to
233	233	the voter registrar for the purpose of determining the effective
234	234	date of registration [only].
235	235	(c) The registration of an eligible [(d) If a completed]
236	236	voter as required by Subsections (a) and (b) is automatic unless the
237	237	person indicates that the transaction is not for voter
238	238	registration purposes [application submitted to a department
239	239	employee does not include the applicant's correct driver's license
240	240	number or personal identification card number, a department
241	241	employee shall enter the appropriate information on the
242	242	application. If a completed application does not include the
243	243	applicant's correct residence address or mailing address, a
244	244	department employee shall obtain the appropriate information from
245	245	the applicant and enter the information on the application].
246	246	SECTION 12. Sections 20.065(a) and (b), Election Code, are
247	247	amended to read as follows:
248	248	(a) At the end of each day a Department of Public Safety
249	249	office is regularly open for business, the manager of the office
250	250	shall deliver [by mail or in person] to the voter registrar of the
251	251	county in which the office is located each completed voter
252	252	registration application and applicable change of address
253	253	submitted to a department employee.
254	254	(b) Each weekday the department is regularly open for
255	255	business, the department shall electronically transfer to the
256	256	secretary of state the name and information designated by the
257	257	secretary of state for [of each person who completes a] voter
258	258	registration for each individual who is eligible to vote as
259	259	provided by Section 13.001 and applies in person, by mail, or online
260	260	at the department's Internet website for an original or renewal of a
261	261	driver's license, a personal identification card, or a duplicate or
262	262	corrected license or card [application submitted to the
263	263	department]. The secretary shall prescribe procedures necessary to
264	264	implement this subsection.
265	265	SECTION 13. Section 20.092(a), Election Code, is amended to
266	266	read as follows:
267	267	(a) A public library shall provide to each person of voting
268	268	age who applies [in person] for an original or renewal of a library
269	269	card an opportunity to complete a voter registration application
270	270	form.
271	271	SECTION 14. Section 43.007(f), Election Code, is amended to
272	272	read as follows:
273	273	(f) In selecting countywide polling places, a county must
274	274	adopt a methodology for determining where each polling place will
275	275	be located. The total number of countywide polling places may not
276	276	be less than 80[:
277	277	[(1) except as provided by Subdivision (2), 50]
278	278	percent of the number of precinct polling places that would
279	279	otherwise be located in the county for that election[; or
280	280	[(2) for an election held in the first year in which
281	281	the county participates in the program, 65 percent of the number of
282	282	precinct polling places that would otherwise be located in the
283	283	county for that election].
284	284	SECTION 15. Subchapter A, Chapter 43, Election Code, is
285	285	amended by adding Section 43.008 to read as follows:
286	286	Sec. 43.008. CAMPUS POLLING PLACE. (a) The commissioners
287	287	court of a county shall designate as a polling place a location on
288	288	the main campus of an institution of higher education as defined by
289	289	Section 61.003, Education Code, located within the county if at
290	290	least 5,000 students are enrolled in the institution.
291	291	(b) The commissioners court of a county shall designate two
292	292	polling places on the main campus of an institution of higher
293	293	education as defined by Section 61.003, Education Code, if at least
294	294	10,000 students are enrolled in the institution, and shall
295	295	designate one additional polling place for every additional 10,000
296	296	students enrolled in the institution.
297	297	SECTION 16. Section 82.005, Election Code, is amended to
298	298	read as follows:
299	299	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
300	300	APPEARANCE]. Any qualified voter is eligible for early voting by
301	301	mail or personal appearance.
302	302	SECTION 17. Section 82.007, Election Code, is amended to
303	303	read as follows:
304	304	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
305	305	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
306	306	who, [is eligible for early voting by mail if:
307	307	[(1) the voter submitted a registration application by
308	308	personal delivery as required by Section 13.002(e); and
309	309	[(2)] at the time the voter's early voting ballot
310	310	application is submitted, [the voter] is certified for
311	311	participation in the address confidentiality program administered
312	312	by the attorney general under Subchapter B, Chapter 58, Code of
313	313	Criminal Procedure, is eligible for early voting by mail only if the
314	314	voter submitted a registration application by personal delivery as
315	315	required by Section 13.002(e).
316	316	SECTION 18. Sections 84.001(a) and (b), Election Code, are
317	317	amended to read as follows:
318	318	(a) To be entitled to vote an early voting ballot by mail, a
319	319	person [who is eligible for early voting] must make an application
320	320	for an early voting ballot to be voted by mail as provided by this
321	321	title.
322	322	SECTION 19. Section 84.002(a), Election Code, is amended to
323	323	read as follows:
324	324	(a) An early voting ballot application must include:
325	325	(1) the applicant's name and the address at which the
326	326	applicant is registered to vote;
327	327	(2) for an application for a ballot to be voted by mail
328	328	by an applicant who will be absent from the applicant's [on the
329	329	ground of absence from the] county of residence on election day, the
330	330	address outside the applicant's county of residence to which the
331	331	ballot is to be mailed;
332	332	(3) for an application for a ballot to be voted by mail
333	333	by an applicant who is 65 years of age or older on election day or
334	334	has a sickness or physical condition that requires the applicant to
335	335	reside in a hospital or nursing home or other long-term care
336	336	facility, or with a relative [on the ground of age or disability],
337	337	the address of the hospital, nursing home or other long-term care
338	338	facility, or retirement center, or of a person related to the
339	339	applicant within the second degree by affinity or the third degree
340	340	by consanguinity, as determined under Chapter 573, Government Code,
341	341	if the applicant is living at that address and that address is
342	342	different from the address at which the applicant is registered to
343	343	vote;
344	344	(4) for an application for a ballot to be voted by mail
345	345	by an applicant who is confined [on the ground of confinement] in
346	346	jail as described by Section 84.009(a), the address of the jail or
347	347	of a person related to the applicant within the degree described by
348	348	Subdivision (3); and
349	349	(5) [for an application for a ballot to be voted by
350	350	mail on any ground,] an indication of each election for which the
351	351	applicant is applying for a ballot[; and
352	352	[(6) an indication of the ground of eligibility for
353	353	early voting].
354	354	SECTION 20. Section 84.009, Election Code, is amended by
355	355	amending Subsection (a) and adding Subsection (b) to read as
356	356	follows:
357	357	(a) This section applies only to an applicant who, at the
358	358	time the application for a ballot to be voted by mail is submitted,
359	359	is confined in jail:
360	360	(1) serving a misdemeanor sentence for a term that
361	361	ends on or after election day;
362	362	(2) pending trial after denial of bail;
363	363	(3) without bail pending an appeal of a felony
364	364	conviction; or
365	365	(4) pending trial or appeal on a bailable offense for
366	366	which release on bail before election day is unlikely.
367	367	(b) On request of the applicant, an application for a ballot
368	368	to be voted by mail [on the ground of confinement in jail] may be
369	369	submitted to the early voting clerk, at the discretion of the
370	370	authority in charge of the jail, by personal delivery by the jail
371	371	authority or by a designated subordinate of the authority.
372	372	SECTION 21. Section 84.011(a), Election Code, is amended to
373	373	read as follows:
374	374	(a) The officially prescribed application form for an early
375	375	voting ballot must include:
376	376	(1) immediately preceding the signature space the
377	377	statement: "I certify that the information given in this
378	378	application is true, and I understand that giving false information
379	379	in this application is a crime.";
380	380	(2) a statement informing the applicant of the
381	381	offenses prescribed by Sections 84.003 and 84.004;
382	382	(3) spaces for entering an applicant's voter
383	383	registration number and county election precinct of registration,
384	384	with a statement informing the applicant that failure to furnish
385	385	that information does not invalidate the application; and
386	386	(4) on an application for a ballot to be voted by mail:
387	387	(A) a space for an applicant [applying on the
388	388	ground of absence from the county of residence] to indicate whether
389	389	the applicant will be absent from the applicant's county of
390	390	residence on election day and, if applicable, the date on or after
391	391	which the applicant can receive mail at the address outside the
392	392	county;
393	393	(B) a space for indicating the fact that an
394	394	applicant whose application is signed by a witness cannot make the
395	395	applicant's mark and a space for indicating the relationship or
396	396	lack of relationship of the witness to the applicant;
397	397	(C) a space for entering an applicant's telephone
398	398	number, with a statement informing the applicant that failure to
399	399	furnish that information does not invalidate the application;
400	400	(D) a space or box for an applicant who is 65
401	401	years of age or older on election day or has a sickness or physical
402	402	condition that requires the applicant to reside in a hospital or
403	403	nursing home or other long-term care facility, or with a relative,
404	404	[applying on the ground of age or disability] to indicate that the
405	405	address to which the ballot is to be mailed is the address of a
406	406	facility or relative described by Section 84.002(a)(3), if
407	407	applicable;
408	408	(E) a space or box for an applicant confined
409	409	[applying on the ground of confinement] in jail as described by
410	410	Section 84.009(a) to indicate that the address to which the ballot
411	411	is to be mailed is the address of a relative described by Section
412	412	84.002(a)(4), if applicable;
413	413	(F) a space for an applicant [applying on the
414	414	ground of age or disability] to indicate if the application is an
415	415	application under Section 86.0015;
416	416	(G) spaces for entering the signature, printed
417	417	name, and residence address of any person assisting the applicant;
418	418	(H) a statement informing the applicant of the
419	419	condition prescribed by Section 81.005; and
420	420	(I) a statement informing the applicant of the
421	421	requirement prescribed by Section 86.003(c).
422	422	SECTION 22. Section 84.032(c), Election Code, is amended to
423	423	read as follows:
424	424	(c) An applicant may submit a request after the close of
425	425	early voting by personal appearance by appearing in person and:
426	426	(1) returning the ballot to be voted by mail to the
427	427	early voting clerk; or
428	428	(2) executing an affidavit that the applicant:
429	429	(A) has not received the ballot to be voted by
430	430	mail; [or]
431	431	(B) never requested a ballot to be voted by mail;
432	432	or
433	433	(C) received notice of a defect under Section
434	434	87.0271(b) or 87.0411(b).
435	435	SECTION 23. Section 85.031(a), Election Code, is amended to
436	436	read as follows:
437	437	(a) For each person entitled to vote an early voting ballot
438	438	by personal appearance or who is entitled to register at a polling
439	439	place, the early voting clerk shall follow the procedure for
440	440	accepting a regular voter on election day, with the modifications
441	441	necessary for the conduct of early voting.
442	442	SECTION 24. Section 86.0015(a), Election Code, is amended
443	443	to read as follows:
444	444	(a) This section applies only to an application for a ballot
445	445	to be voted by mail that[:
446	446	[(1) indicates the ground of eligibility is age or
447	447	disability; and
448	448	[(2)] does not specify the election for which a ballot
449	449	is requested or has been marked by the applicant as an application
450	450	for more than one election.
451	451	SECTION 25. Sections 86.003(c), Election Code, is amended
452	452	to read as follows:
453	453	(c) The address to which the balloting materials must be
454	454	addressed is the address at which the voter is registered to vote,
455	455	or the registered mailing address if different, unless the
456	456	application to vote early by mail indicates that the voter [ground
457	457	for voting by mail is]:
458	458	(1) will be absent from the voter's [absence from the]
459	459	county of residence on election day, in which case the address must
460	460	be an address outside the voter's county of residence;
461	461	(2) is confined [confinement] in jail as described by
462	462	Section 84.009(a), in which case the address must be the address of
463	463	the jail or of a relative described by Section 84.002(a)(4); or
464	464	(3) is 65 years of age or older on election day or has a
465	465	sickness or physical condition that requires the applicant to
466	466	reside in a hospital or nursing home or other long-term care
467	467	facility, or with a relative, [age or disability] and [the voter] is
468	468	living at a hospital, nursing home or other long-term care
469	469	facility, or retirement center, or with a relative described by
470	470	Section 84.002(a)(3), in which case the address must be the address
471	471	of that facility or relative.
472	472	SECTION 26. Section 86.004(b), Election Code, is amended to
473	473	read as follows:
474	474	(b) For an election to which Section 101.104 applies, the
475	475	balloting materials for a voter who indicates on the application
476	476	for a ballot to be voted by mail or the federal postcard application
477	477	that the voter seeks [is eligible] to vote early by mail as a
478	478	consequence of the voter's being outside the United States shall be
479	479	mailed on or before the later of the 45th day before election day or
480	480	the seventh calendar day after the date the clerk receives the
481	481	application. However, if it is not possible to mail the ballots by
482	482	the deadline of the 45th day before election day, the clerk shall
483	483	notify the secretary of state within 24 hours of knowing that the
484	484	deadline will not be met. The secretary of state shall monitor the
485	485	situation and advise the clerk, who shall mail the ballots as soon
486	486	as possible in accordance with the secretary of state's guidelines.
487	487	SECTION 27. Sections 86.007(a) and (e), Election Code, are
488	488	amended to read as follows:
489	489	(a) A [Except as provided by Subsection (d), a] marked
490	490	ballot voted by mail must arrive at the address on the carrier
491	491	envelope:
492	492	(1) before the time the polls are required to close on
493	493	election day; or
494	494	(2) not later than the sixth day after the date of the
495	495	election [5 p.m. on the day after election day], if the carrier
496	496	envelope was placed for delivery by mail or common or contract
497	497	carrier before election day and bears a cancellation mark of a
498	498	common or contract carrier or a courier indicating a time not later
499	499	than 7 p.m. at the location of the election on election day.
500	500	(e) A delivery under Subsection (a)(2) [or (d)] is timely,
501	501	except as otherwise provided by this title, if the carrier envelope
502	502	or, if applicable, the envelope containing the carrier envelope:
503	503	(1) is properly addressed with postage or handling
504	504	charges prepaid; and
505	505	(2) bears a cancellation mark of a recognized postal
506	506	service or a receipt mark of a common or contract carrier or a
507	507	courier indicating a time before the deadline.
508	508	SECTION 28. Chapter 86, Election Code, is amended by adding
509	509	Section 86.015 to read as follows:
510	510	Sec. 86.015. ELECTRONIC TRACKING OF APPLICATION FOR BALLOT
511	511	VOTED BY MAIL OR BALLOT VOTED BY MAIL. (a) The secretary of state
512	512	shall publish on the secretary's Internet website an online
513	513	database that enables a person who submits an application for a
514	514	ballot to be voted by mail to track the location and status of the
515	515	person's application and ballot.
516	516	(b) The database must include the following information for
517	517	each person who submits an application for a ballot to be voted by
518	518	mail:
519	519	(1) the date that the early voting clerk received the
520	520	person's application for a ballot to be voted by mail;
521	521	(2) the date that the early voting clerk accepted or
522	522	rejected the person's application for a ballot to be voted by mail;
523	523	(3) if the application is rejected, an explanation of
524	524	why the application was rejected and instructions regarding how the
525	525	person may proceed;
526	526	(4) the date the early voting clerk placed in the mail
527	527	the person's official ballot;
528	528	(5) the date the early voting clerk received the
529	529	person's marked ballot;
530	530	(6) the date that the early voting ballot board
531	531	accepted or rejected the person's marked ballot; and
532	532	(7) instructions regarding how the person may cast a
533	533	ballot in the election, if the early voting ballot board rejected
534	534	the ballot.
535	535	(c) Except as provided by Subsections (d) and (e), each
536	536	early voting clerk shall update the database with information
537	537	required under Subsection (b) not less frequently than once per
538	538	week.
539	539	(d) Beginning on the 90th day before the date of an
540	540	election, the early voting clerk shall update the database at least
541	541	once per day with information required under Subsection (b)
542	542	relating to that election.
543	543	(e) Not later than 20 days after the date of the election for
544	544	which a person submitted an application under Section 86.0015, the
545	545	early voting clerk shall update the person's information on the
546	546	database for each election to which the application applies.
547	547	(f) The database must allow a person to:
548	548	(1) sort the information contained in the database by
549	549	data points including the voter's:
550	550	(A) first and last name, as provided on the
551	551	voter's application for voter registration;
552	552	(B) date of birth; and
553	553	(C) residence address zip code; and
554	554	(2) retrieve the information listed under Subsection
555	555	(b) for a specific voter by inputting the voter's voter
556	556	registration number.
557	557	(g) The database may not display information from a person's
558	558	voter registration record except to the extent necessary to provide
559	559	information described by Subsection (b).
560	560	(h) The secretary of state shall adopt rules and prescribe
561	561	procedures as necessary to implement this section.
562	562	SECTION 29. Subchapter B, Chapter 87, Election Code, is
563	563	amended by adding Section 87.0271 to read as follows:
564	564	Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
565	565	VERIFICATION COMMITTEE. (a) This section applies to an early
566	566	voting ballot voted by mail:
567	567	(1) for which the voter did not sign the carrier
568	568	envelope certificate;
569	569	(2) for which it cannot immediately be determined
570	570	whether the signature on the carrier envelope certificate is that
571	571	of the voter;
572	572	(3) missing any required statement of residence; or
573	573	(4) containing incomplete information with respect to
574	574	a witness.
575	575	(b) Before deciding whether to accept or reject a ballot
576	576	under Section 87.027, the signature verification committee may:
577	577	(1) return the carrier envelope to the voter by mail,
578	578	if the signature verification committee determines that it would be
579	579	possible to correct the defect and return the carrier envelope
580	580	before the time the polls are required to close on election day; or
581	581	(2) notify the voter of the defect by telephone or
582	582	e-mail and inform the voter that the voter may come to the early
583	583	voting clerk 's office in person to:
584	584	(A) correct the defect; or
585	585	(B) request to have the voter's application to
586	586	vote by mail canceled under Section 84.032.
587	587	(c) If the signature verification committee takes an action
588	588	described by Subsection (b), the committee must take either action
589	589	described by that subsection with respect to each ballot in the
590	590	election to which this section applies.
591	591	(d) A poll watcher is entitled to observe an action taken
592	592	under Subsection (b).
593	593	(e) The secretary of state may prescribe any procedures
594	594	necessary to implement this section.
595	595	SECTION 30. Sections 87.041(b), Election Code, is amended
596	596	to read as follows:
597	597	(b) A ballot may be accepted only if:
598	598	(1) the carrier envelope certificate is properly
599	599	executed;
600	600	(2) neither the voter's signature on the ballot
601	601	application nor the signature on the carrier envelope certificate
602	602	is determined to have been executed by a person other than the
603	603	voter, unless signed by a witness;
604	604	(3) [the voter's ballot application states a legal
605	605	ground for early voting by mail;
606	606	[(4)] the voter is registered to vote, if registration
607	607	is required by law;
608	608	(4) [(5) the address to which the ballot was mailed
609	609	to the voter, as indicated by the application, was outside the
610	610	voter's county of residence, if the ground for early voting is
611	611	absence from the county of residence;
612	612	[(6)] for a voter to whom a statement of residence form
613	613	was required to be sent under Section 86.002(a), the statement of
614	614	residence is returned in the carrier envelope and indicates that
615	615	the voter satisfies the residence requirements prescribed by
616	616	Section 63.0011; and
617	617	(5) [(7)] the address to which the ballot was mailed
618	618	to the voter is an address [that is otherwise] required by Sections
619	619	84.002 and 86.003.
620	620	SECTION 31. Subchapter C, Chapter 87, Election Code, is
621	621	Amended by adding Section 87.0411 to read as follows:
622	622	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
623	623	BALLOT BOARD. (a) This section applies to an early voting ballot
624	624	voted by mail:
625	625	(1) for which the voter did not sign the carrier
626	626	envelope certificate;
627	627	(2) for which it cannot immediately be determined
628	628	whether the signature on the carrier envelope certificate is that
629	629	of the voter;
630	630	(3) missing any required statement of residence; or
631	631	(4) containing incomplete information with respect to
632	632	a witness.
633	633	(b) Before deciding whether to accept or reject a timely
634	634	delivered ballot under Section 87.041, the early voting ballot
635	635	board may:
636	636	(1) return the carrier envelope to the voter by mail,
637	637	if the early voting ballot board determines that it would be
638	638	possible to correct the defect and return the carrier envelope
639	639	before the time the polls are required to close on election day; or
640	640	(2) notify the voter of the defect by telephone or
641	641	e-mail and inform the voter that the voter may come to the early
642	642	voting clerk 's office in person to:
643	643	(A) correct the defect; or
644	644	(B) request to have the voter 's application to
645	645	vote by mail canceled under Section 84.032.
646	646	(c) If the early voting ballot board takes an action
647	647	described by Subsection (b), the board must take either action
648	648	described by that subsection with respect to each ballot in the
649	649	election to which this section applies.
650	650	(d) A poll watcher is entitled to observe an action taken
651	651	under Subsection (b).
652	652	(e) The secretary of state may prescribe any procedures
653	653	necessary to implement this section.
654	654	SECTION 32. Section 102.001(a), Election Code, is amended
655	655	to read as follows:
656	656	(a) A qualified voter is eligible to vote a late ballot as
657	657	provided by this chapter if the voter has a sickness or physical
658	658	condition [described by Section 82.002] that prevents the voter
659	659	from appearing at the polling place on election day without a
660	660	likelihood of needing personal assistance or of injuring the
661	661	voter's health and originates on or after the day before the last
662	662	day for submitting an application for a ballot to be voted by mail.
663	663	SECTION 33. The following provisions of the Election Code
664	664	are repealed:
665	665	(1) Section 43.007(i);
666	666	(2) Sections 82.001, 82.002, 82.003, and 82.004;
667	667	(3) Section 84.002(b);
668	668	(4) Sections 86.007(d) and (g); and
669	669	(5) Section 112.002(b).
670	670	SECTION 34. (a) The voter registrar of a county must adopt
671	671	procedures for the acceptance of voter registration applications
672	672	under Section 13.002(e-1), Election Code, as added by this Act, not
673	673	later than September 1, 2021.
674	674	(b) A voter registration agency must adopt procedures as
675	675	required by Section 20.032(e), Election Code, as added by this Act,
676	676	not later than September 1, 2021.
677	677	SECTION 35. Section 13.046(h), Election Code, as amended by
678	678	this Act, applies beginning with the 2021-2022 school year.
679	679	SECTION 36. The secretary of state shall adopt rules as
680	680	required by Section 63.010, Election Code, as added by this Act, not
681	681	later than February 1, 2022.
682	682	SECTION 37. The secretary of state shall prescribe rules
683	683	for the implementation of Section 13.010, Election Code, as added
684	684	by this Act, not later than January 1, 2022. An agency designated
685	685	under Chapter 20, Election Code, shall provide automatic voter
686	686	registration on the earlier of January 1, 2024, or five days after
687	687	the date of certification by the secretary of state that the
688	688	information technology infrastructure to substantially implement
689	689	the provisions of Section 13.010 and Chapter 20, Election Code, at
690	690	the agency is functional.
691	691	SECTION 38. The changes in law made by this Act apply only
692	692	to an election ordered on or after September 1, 2021.
693	693	SECTION 39. This Act takes effect September 1, 2021.