By: Zaffirini S.B. No. 1899
A BILL TO BE ENTITLED
AN ACT
relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.001(b), Election Code, is amended to
read as follows:
(b) To be eligible to apply for registration, a person must,
on the date the registration application is submitted to the
registrar, be at least 16 [17] years [and 10 months] of age and
satisfy the requirements of Subsection (a) except for age.
SECTION 2. Section 13.002, Election Code, is amended by
amending Subsections (a) and (e) and adding Subsections (c-1) and
(e-1) to read as follows:
(a) A person desiring to register to vote must submit an
application to the registrar of the county in which the person
resides. Except as provided by Subsections [Subsection] (e) and
(e-1), an application must be submitted by personal delivery, by
mail, or by telephonic facsimile machine in accordance with
Sections 13.143(d) and (d-2).
(c-1) In addition to the other requirements prescribed by
this section, an application must include a space for an applicant
under 18 years of age to respond to the following question: "Are you
at least 16 years of age and understand that you must be 18 years of
age on or before election day to vote, and that until you will be 18
years of age at the time of such election your registration will be
marked 'pending' and you will be unable to cast a ballot in any
election?"
(e) Notwithstanding Section 82.005, a [A] person who is
certified for participation in the address confidentiality program
administered by the attorney general under Subchapter B, Chapter
58, Code of Criminal Procedure, is not eligible for early voting by
mail [under Section 82.007] unless the person submits an
application under this section by personal delivery. The secretary
of state may adopt rules to implement this subsection.
(e-1) A registrar shall adopt procedures to allow a voter
registration agency to deliver a completed voter registration
application over the Internet. The secretary of state shall review
any procedures adopted under this section to ensure the procedures
comply with the provisions of this code.
SECTION 3. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.009 to read as follows:
Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
secretary of state shall implement a program to allow a person to
complete a voter registration application over the Internet from
the official website of this state. The Internet websites of the
secretary of state and the Department of Public Safety must also
provide a link to the location of the application on the official
Internet website of this state.
(b) An applicant for electronic voter registration who has a
driver's license or personal identification card issued in this
state, regardless of whether the license or card is unexpired,
must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
and
(2) affirmatively consent to the use of the signature
on the applicant's driver's license or personal identification card
for voter registration purposes.
(c) An applicant for electronic voter registration who does
not have a driver's license or personal identification card issued
in this state must:
(1) attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
and
(2) print a registration application from the Internet
website the applicant is using to register, sign the application,
and mail it to the registrar.
(d) For each application submitted under Subsection (b),
the program shall require that a digital copy of the applicant's
signature be obtained from the Department of Public Safety.
(e) For each application submitted under Subsection (c),
the program shall provide the applicant with:
(1) a registration application that the applicant can
print from the registration website, sign, and mail to the
registrar as required under Subsection (c)(2); and
(2) information about how the applicant can obtain a
driver's license or personal identification card from the
Department of Public Safety.
(f) An application submitted under this section is
considered for all purposes an application submitted by mail under
this title.
(g) The secretary of state shall adopt rules as necessary to
implement this section, including rules to provide for additional
security measures necessary to ensure the accuracy and integrity of
applications submitted electronically.
(h) The rules adopted under Subsection (g) must require
that:
(1) the Internet website through which a person may
complete a voter registration application include a description of
the offense described by Section 13.007 in a conspicuous location
on the website near the place where the person begins or submits the
application; and
(2) the state electronic Internet portal project be
used to authenticate the identity of a person who submits an
application electronically under this section.
SECTION 4. Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.010 to read as follows:
Sec. 13.010. AUTOMATIC VOTER REGISTRATION. (a) The voter
registrar of each county shall automatically register any county
resident who is eligible to vote as provided by Section 13.001 and:
(1) is issued a Texas driver's license or a personal
identification card by the Department of Public Safety; or
(2) makes a change to a Texas driver's license or
personal identification card issued by the Department of Public
Safety.
(b) A driver's license or personal identification card
transaction with an indication provided by Section 262(b) or
20.063(c) that the transaction is not for voter registration
purposes is not subject to this section.
(c) The secretary of state by rule shall prescribe
procedures for the voter registrar of each county to automatically
register any county resident who is eligible to vote when the
resident applies for agency services at any agency designated under
Chapter 20.
(d) It is a defense to prosecution under Section 64.012 or
other law that a voter did not wilfully or knowingly seek to
register to vote when the voter is not eligible to do so as a result
of merely failing to decline registration under this section or
under Chapter 20.
SECTION 5. Section 13.046(h), Election Code, is amended to
read as follows:
(h) The secretary of state shall:
(1) consult with the Texas Education Agency regarding
the number of registration application forms to provide to each
high school;
(2) provide to each high school registration
application forms once each fall and spring semester in the number
determined from the consultation under Subdivision (1); and
(3) prescribe any additional procedures necessary to
implement this section.
SECTION 6. Section 15.021, Election Code, is amended by
amending Subsections (b) and (d) and adding Subsections (d-1) and
(d-2) to read as follows:
(b) Except as provided by Subsection (d), the [The] voter
shall use the registration certificate or a registration
application form as the notice, indicating the correct information
in the appropriate space on the certificate or application form
unless the voter does not have possession of the certificate or an
application form at the time of giving the notice.
(d) A voter [who continues to reside in the county in which
the voter is registered] may correct information under this section
by digital transmission of the information under a program
administered by the secretary of state and the Department of
Information Resources.
(d-1) If the notice indicates that a voter no longer resides
in the county in which the voter is registered, the registrar shall
forward the notice and the voter's original application for
registration to the registrar of the county in which the voter
resides. The registrars shall coordinate to ensure that the
voter's existing registration is canceled immediately after the
voter is registered in the county in which the voter resides in
accordance with Subsection (d-2).
(d-2) A registrar who receives a voter's notice and
application from another registrar under Subsection (d-1) shall
treat it as an original application for registration under Section
13.002, and shall register the voter if the voter resides in the
county and is otherwise eligible under Section 13.001.
SECTION 7. Section 15.022, Election Code, is amended by
adding Subsection (c) to read as follows:
(c) If an application clearly indicates that the applicant
resides in another county, the registrar shall forward the
application to the other county's registrar not later than the
second day after the date the application is received and, if the
other county is not contiguous, shall deliver written notice of
that action to the applicant not later than the seventh day after
the date the application is received. The date of submission of a
completed application to the wrong registrar is considered to be
the date of submission to the proper registrar for purposes of
determining the effective date of the registration.
SECTION 8. Section 20.032, Election Code, is amended by
amending Subsections (a) and (c) and adding Subsection (e) to read
as follows:
(a) An appropriate agency employee shall routinely inform
each person who applies [in person] for agency services of the
opportunity to complete a voter registration application form and
on request shall provide nonpartisan voter registration assistance
to the applicant.
(c) On receipt of a registration application, the
appropriate agency employee shall review it for completeness [in
the applicant's presence]. If the application does not contain all
the required information and the required signature, the agency
employee shall return the application to the applicant for
completion and resubmission.
(e) Notwithstanding any other provision of law, an agency
shall adopt procedures providing for:
(1) a person applying for initial services,
recertification, renewal, or change of address with the agency over
the Internet to also complete a voter registration application
online; and
(2) the delivery of a voter registration application
to the voter registrar over the Internet.
SECTION 9. Section 20.061, Election Code, is amended to
read as follows:
Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
provisions of this chapter apply to the Department of Public Safety
except provisions that conflict with this subchapter or Section
13.010.
SECTION 10. Section 20.062(b), Election Code, is amended to
read as follows:
(b) The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions. The form must allow a licensee or
cardholder to indicate that [whether] the change of address is not
[also to be used] for voter registration purposes.
SECTION 11. Section 20.063, Election Code, is amended to
read as follows:
Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
of Public Safety shall consider an application made in person, by
mail, or online at the department's Internet website [provide to
each person who applies in person at the department's offices] for
an original or renewal of a driver's license, a personal
identification card, or a duplicate or corrected license or card by
a person who is eligible to vote as provided by Section 13.001 an
application for [opportunity to complete a] voter registration.
The date of application is considered to be the date of submission
to the voter registrar for the purpose of determining the effective
date of registration [application form].
(b) The Department of Public Safety shall consider a change
of address that relates to [When the department processes] a
license or card and that is submitted to [for renewal by mail,] the
department [shall deliver to the applicant by mail a voter
registration application form.
[(c) A change of address that relates to a license or card
and that is submitted to the department] in person, [or] by mail, or
online at the department's Internet website [serves] as a change in
[of address for] voter registration [unless the licensee or
cardholder indicates that the change is not for voter registration
purposes]. The date of submission of a change of address to a
department employee is considered to be the date of submission to
the voter registrar for the purpose of determining the effective
date of registration [only].
(c) The registration of an eligible [(d) If a completed]
voter as required by Subsections (a) and (b) is automatic unless the
person indicates that the transaction is not for voter
registration purposes [application submitted to a department
employee does not include the applicant's correct driver's license
number or personal identification card number, a department
employee shall enter the appropriate information on the
application. If a completed application does not include the
applicant's correct residence address or mailing address, a
department employee shall obtain the appropriate information from
the applicant and enter the information on the application].
SECTION 12. Sections 20.065(a) and (b), Election Code, are
amended to read as follows:
(a) At the end of each day a Department of Public Safety
office is regularly open for business, the manager of the office
shall deliver [by mail or in person] to the voter registrar of the
county in which the office is located each completed voter
registration application and applicable change of address
submitted to a department employee.
(b) Each weekday the department is regularly open for
business, the department shall electronically transfer to the
secretary of state the name and information designated by the
secretary of state for [of each person who completes a] voter
registration for each individual who is eligible to vote as
provided by Section 13.001 and applies in person, by mail, or online
at the department's Internet website for an original or renewal of a
driver's license, a personal identification card, or a duplicate or
corrected license or card [application submitted to the
department]. The secretary shall prescribe procedures necessary to
implement this subsection.
SECTION 13. Section 20.092(a), Election Code, is amended to
read as follows:
(a) A public library shall provide to each person of voting
age who applies [in person] for an original or renewal of a library
card an opportunity to complete a voter registration application
form.
SECTION 14. Section 43.007(f), Election Code, is amended to
read as follows:
(f) In selecting countywide polling places, a county must
adopt a methodology for determining where each polling place will
be located. The total number of countywide polling places may not
be less than 80[:
[(1) except as provided by Subdivision (2), 50]
percent of the number of precinct polling places that would
otherwise be located in the county for that election[; or
[(2) for an election held in the first year in which
the county participates in the program, 65 percent of the number of
precinct polling places that would otherwise be located in the
county for that election].
SECTION 15. Subchapter A, Chapter 43, Election Code, is
amended by adding Section 43.008 to read as follows:
Sec. 43.008. CAMPUS POLLING PLACE. (a) The commissioners
court of a county shall designate as a polling place a location on
the main campus of an institution of higher education as defined by
Section 61.003, Education Code, located within the county if at
least 5,000 students are enrolled in the institution.
(b) The commissioners court of a county shall designate two
polling places on the main campus of an institution of higher
education as defined by Section 61.003, Education Code, if at least
10,000 students are enrolled in the institution, and shall
designate one additional polling place for every additional 10,000
students enrolled in the institution.
SECTION 16. Section 82.005, Election Code, is amended to
read as follows:
Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
APPEARANCE]. Any qualified voter is eligible for early voting by
mail or personal appearance.
SECTION 17. Section 82.007, Election Code, is amended to
read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
who, [is eligible for early voting by mail if:
[(1) the voter submitted a registration application by
personal delivery as required by Section 13.002(e); and
[(2)] at the time the voter's early voting ballot
application is submitted, [the voter] is certified for
participation in the address confidentiality program administered
by the attorney general under Subchapter B, Chapter 58, Code of
Criminal Procedure, is eligible for early voting by mail only if the
voter submitted a registration application by personal delivery as
required by Section 13.002(e).
SECTION 18. Sections 84.001(a) and (b), Election Code, are
amended to read as follows:
(a) To be entitled to vote an early voting ballot by mail, a
person [who is eligible for early voting] must make an application
for an early voting ballot to be voted by mail as provided by this
title.
SECTION 19. Section 84.002(a), Election Code, is amended to
read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(2) for an application for a ballot to be voted by mail
by an applicant who will be absent from the applicant's [on the
ground of absence from the] county of residence on election day, the
address outside the applicant's county of residence to which the
ballot is to be mailed;
(3) for an application for a ballot to be voted by mail
by an applicant who is 65 years of age or older on election day or
has a sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative [on the ground of age or disability],
the address of the hospital, nursing home or other long-term care
facility, or retirement center, or of a person related to the
applicant within the second degree by affinity or the third degree
by consanguinity, as determined under Chapter 573, Government Code,
if the applicant is living at that address and that address is
different from the address at which the applicant is registered to
vote;
(4) for an application for a ballot to be voted by mail
by an applicant who is confined [on the ground of confinement] in
jail as described by Section 84.009(a), the address of the jail or
of a person related to the applicant within the degree described by
Subdivision (3); and
(5) [for an application for a ballot to be voted by
mail on any ground,] an indication of each election for which the
applicant is applying for a ballot[; and
[(6) an indication of the ground of eligibility for
early voting].
SECTION 20. Section 84.009, Election Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
follows:
(a) This section applies only to an applicant who, at the
time the application for a ballot to be voted by mail is submitted,
is confined in jail:
(1) serving a misdemeanor sentence for a term that
ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony
conviction; or
(4) pending trial or appeal on a bailable offense for
which release on bail before election day is unlikely.
(b) On request of the applicant, an application for a ballot
to be voted by mail [on the ground of confinement in jail] may be
submitted to the early voting clerk, at the discretion of the
authority in charge of the jail, by personal delivery by the jail
authority or by a designated subordinate of the authority.
SECTION 21. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application; and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant [applying on the
ground of absence from the county of residence] to indicate whether
the applicant will be absent from the applicant's county of
residence on election day and, if applicable, the date on or after
which the applicant can receive mail at the address outside the
county;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with a statement informing the applicant that failure to
furnish that information does not invalidate the application;
(D) a space or box for an applicant who is 65
years of age or older on election day or has a sickness or physical
condition that requires the applicant to reside in a hospital or
nursing home or other long-term care facility, or with a relative,
[applying on the ground of age or disability] to indicate that the
address to which the ballot is to be mailed is the address of a
facility or relative described by Section 84.002(a)(3), if
applicable;
(E) a space or box for an applicant confined
[applying on the ground of confinement] in jail as described by
Section 84.009(a) to indicate that the address to which the ballot
is to be mailed is the address of a relative described by Section
84.002(a)(4), if applicable;
(F) a space for an applicant [applying on the
ground of age or disability] to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 22. Section 84.032(c), Election Code, is amended to
read as follows:
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail; [or]
(B) never requested a ballot to be voted by mail;
or
(C) received notice of a defect under Section
87.0271(b) or 87.0411(b).
SECTION 23. Section 85.031(a), Election Code, is amended to
read as follows:
(a) For each person entitled to vote an early voting ballot
by personal appearance or who is entitled to register at a polling
place, the early voting clerk shall follow the procedure for
accepting a regular voter on election day, with the modifications
necessary for the conduct of early voting.
SECTION 24. Section 86.0015(a), Election Code, is amended
to read as follows:
(a) This section applies only to an application for a ballot
to be voted by mail that[:
[(1) indicates the ground of eligibility is age or
disability; and
[(2)] does not specify the election for which a ballot
is requested or has been marked by the applicant as an application
for more than one election.
SECTION 25. Sections 86.003(c), Election Code, is amended
to read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the
application to vote early by mail indicates that the voter [ground
for voting by mail is]:
(1) will be absent from the voter's [absence from the]
county of residence on election day, in which case the address must
be an address outside the voter's county of residence;
(2) is confined [confinement] in jail as described by
Section 84.009(a), in which case the address must be the address of
the jail or of a relative described by Section 84.002(a)(4); or
(3) is 65 years of age or older on election day or has a
sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative, [age or disability] and [the voter] is
living at a hospital, nursing home or other long-term care
facility, or retirement center, or with a relative described by
Section 84.002(a)(3), in which case the address must be the address
of that facility or relative.
SECTION 26. Section 86.004(b), Election Code, is amended to
read as follows:
(b) For an election to which Section 101.104 applies, the
balloting materials for a voter who indicates on the application
for a ballot to be voted by mail or the federal postcard application
that the voter seeks [is eligible] to vote early by mail as a
consequence of the voter's being outside the United States shall be
mailed on or before the later of the 45th day before election day or
the seventh calendar day after the date the clerk receives the
application. However, if it is not possible to mail the ballots by
the deadline of the 45th day before election day, the clerk shall
notify the secretary of state within 24 hours of knowing that the
deadline will not be met. The secretary of state shall monitor the
situation and advise the clerk, who shall mail the ballots as soon
as possible in accordance with the secretary of state's guidelines.
SECTION 27. Sections 86.007(a) and (e), Election Code, are
amended to read as follows:
(a) A [Except as provided by Subsection (d), a] marked
ballot voted by mail must arrive at the address on the carrier
envelope:
(1) before the time the polls are required to close on
election day; or
(2) not later than the sixth day after the date of the
election [5 p.m. on the day after election day], if the carrier
envelope was placed for delivery by mail or common or contract
carrier before election day and bears a cancellation mark of a
common or contract carrier or a courier indicating a time not later
than 7 p.m. at the location of the election on election day.
(e) A delivery under Subsection (a)(2) [or (d)] is timely,
except as otherwise provided by this title, if the carrier envelope
or, if applicable, the envelope containing the carrier envelope:
(1) is properly addressed with postage or handling
charges prepaid; and
(2) bears a cancellation mark of a recognized postal
service or a receipt mark of a common or contract carrier or a
courier indicating a time before the deadline.
SECTION 28. Chapter 86, Election Code, is amended by adding
Section 86.015 to read as follows:
Sec. 86.015. ELECTRONIC TRACKING OF APPLICATION FOR BALLOT
VOTED BY MAIL OR BALLOT VOTED BY MAIL. (a) The secretary of state
shall publish on the secretary's Internet website an online
database that enables a person who submits an application for a
ballot to be voted by mail to track the location and status of the
person's application and ballot.
(b) The database must include the following information for
each person who submits an application for a ballot to be voted by
mail:
(1) the date that the early voting clerk received the
person's application for a ballot to be voted by mail;
(2) the date that the early voting clerk accepted or
rejected the person's application for a ballot to be voted by mail;
(3) if the application is rejected, an explanation of
why the application was rejected and instructions regarding how the
person may proceed;
(4) the date the early voting clerk placed in the mail
the person's official ballot;
(5) the date the early voting clerk received the
person's marked ballot;
(6) the date that the early voting ballot board
accepted or rejected the person's marked ballot; and
(7) instructions regarding how the person may cast a
ballot in the election, if the early voting ballot board rejected
the ballot.
(c) Except as provided by Subsections (d) and (e), each
early voting clerk shall update the database with information
required under Subsection (b) not less frequently than once per
week.
(d) Beginning on the 90th day before the date of an
election, the early voting clerk shall update the database at least
once per day with information required under Subsection (b)
relating to that election.
(e) Not later than 20 days after the date of the election for
which a person submitted an application under Section 86.0015, the
early voting clerk shall update the person's information on the
database for each election to which the application applies.
(f) The database must allow a person to:
(1) sort the information contained in the database by
data points including the voter's:
(A) first and last name, as provided on the
voter's application for voter registration;
(B) date of birth; and
(C) residence address zip code; and
(2) retrieve the information listed under Subsection
(b) for a specific voter by inputting the voter's voter
registration number.
(g) The database may not display information from a person's
voter registration record except to the extent necessary to provide
information described by Subsection (b).
(h) The secretary of state shall adopt rules and prescribe
procedures as necessary to implement this section.
SECTION 29. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (a) This section applies to an early
voting ballot voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a ballot
under Section 87.027, the signature verification committee may:
(1) return the carrier envelope to the voter by mail,
if the signature verification committee determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk 's office in person to:
(A) correct the defect; or
(B) request to have the voter's application to
vote by mail canceled under Section 84.032.
(c) If the signature verification committee takes an action
described by Subsection (b), the committee must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 30. Sections 87.041(b), Election Code, is amended
to read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) [the voter's ballot application states a legal
ground for early voting by mail;
[(4)] the voter is registered to vote, if registration
is required by law;
(4) [(5) the address to which the ballot was mailed
to the voter, as indicated by the application, was outside the
voter's county of residence, if the ground for early voting is
absence from the county of residence;
[(6)] for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; and
(5) [(7)] the address to which the ballot was mailed
to the voter is an address [that is otherwise] required by Sections
84.002 and 86.003.
SECTION 31. Subchapter C, Chapter 87, Election Code, is
Amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section applies to an early voting ballot
voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Before deciding whether to accept or reject a timely
delivered ballot under Section 87.041, the early voting ballot
board may:
(1) return the carrier envelope to the voter by mail,
if the early voting ballot board determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may come to the early
voting clerk 's office in person to:
(A) correct the defect; or
(B) request to have the voter 's application to
vote by mail canceled under Section 84.032.
(c) If the early voting ballot board takes an action
described by Subsection (b), the board must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 32. Section 102.001(a), Election Code, is amended
to read as follows:
(a) A qualified voter is eligible to vote a late ballot as
provided by this chapter if the voter has a sickness or physical
condition [described by Section 82.002] that prevents the voter
from appearing at the polling place on election day without a
likelihood of needing personal assistance or of injuring the
voter's health and originates on or after the day before the last
day for submitting an application for a ballot to be voted by mail.
SECTION 33. The following provisions of the Election Code
are repealed:
(1) Section 43.007(i);
(2) Sections 82.001, 82.002, 82.003, and 82.004;
(3) Section 84.002(b);
(4) Sections 86.007(d) and (g); and
(5) Section 112.002(b).
SECTION 34. (a) The voter registrar of a county must adopt
procedures for the acceptance of voter registration applications
under Section 13.002(e-1), Election Code, as added by this Act, not
later than September 1, 2021.
(b) A voter registration agency must adopt procedures as
required by Section 20.032(e), Election Code, as added by this Act,
not later than September 1, 2021.
SECTION 35. Section 13.046(h), Election Code, as amended by
this Act, applies beginning with the 2021-2022 school year.
SECTION 36. The secretary of state shall adopt rules as
required by Section 63.010, Election Code, as added by this Act, not
later than February 1, 2022.
SECTION 37. The secretary of state shall prescribe rules
for the implementation of Section 13.010, Election Code, as added
by this Act, not later than January 1, 2022. An agency designated
under Chapter 20, Election Code, shall provide automatic voter
registration on the earlier of January 1, 2024, or five days after
the date of certification by the secretary of state that the
information technology infrastructure to substantially implement
the provisions of Section 13.010 and Chapter 20, Election Code, at
the agency is functional.
SECTION 38. The changes in law made by this Act apply only
to an election ordered on or after September 1, 2021.
SECTION 39. This Act takes effect September 1, 2021.