Texas 2021 - 87th Regular

Texas Senate Bill SB303 Compare Versions

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

Old	New	Differences
1	1	87R3446 ADM-D
2	2	By: Eckhardt S.B. No. 303
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to early voting by mail by any qualified voter.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 13.002(e), Election Code, is amended to
10	10	read as follows:
11	11	(e) Notwithstanding Section 82.005, a [A] person who is
12	12	certified for participation in the address confidentiality program
13	13	administered by the attorney general under Subchapter B, Chapter
14	14	58, Code of Criminal Procedure, is not eligible for early voting by
15	15	mail [under Section 82.007] unless the person submits an
16	16	application under this section by personal delivery. The secretary
17	17	of state may adopt rules to implement this subsection.
18	18	SECTION 2. Section 82.005, Election Code, is amended to
19	19	read as follows:
20	20	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
21	21	APPEARANCE]. Any qualified voter is eligible for early voting by
22	22	mail or personal appearance.
23	23	SECTION 3. Section 82.007, Election Code, is amended to
24	24	read as follows:
25	25	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
26	26	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
27	27	who, [is eligible for early voting by mail if:
28	28	[(1) the voter submitted a registration application by
29	29	personal delivery as required by Section 13.002(e); and
30	30	[(2)] at the time the voter's early voting ballot
31	31	application is submitted, [the voter] is certified for
32	32	participation in the address confidentiality program administered
33	33	by the attorney general under Subchapter B, Chapter 58, Code of
34	34	Criminal Procedure, is eligible for early voting by mail only if the
35	35	voter submitted a registration application by personal delivery as
36	36	required by Section 13.002(e).
37	37	SECTION 4. Section 84.001(a), Election Code, is amended to
38	38	read as follows:
39	39	(a) To be entitled to vote an early voting ballot by mail, a
40	40	person [who is eligible for early voting] must make an application
41	41	for an early voting ballot to be voted by mail as provided by this
42	42	title.
43	43	SECTION 5. Section 84.002(a), Election Code, is amended to
44	44	read as follows:
45	45	(a) An early voting ballot application must include:
46	46	(1) the applicant's name and the address at which the
47	47	applicant is registered to vote;
48	48	(2) for an application for a ballot to be voted by mail
49	49	by an applicant who will be absent from the applicant's [on the
50	50	ground of absence from the] county of residence on election day, the
51	51	address outside the applicant's county of residence to which the
52	52	ballot is to be mailed;
53	53	(3) for an application for a ballot to be voted by mail
54	54	by an applicant who is 65 years of age or older on election day or
55	55	has a sickness or physical condition that requires the applicant to
56	56	reside in a hospital or nursing home or other long-term care
57	57	facility, or with a person related to the applicant within the
58	58	second degree by affinity or the third degree by consanguinity, as
59	59	determined under Chapter 573, Government Code [on the ground of age
60	60	or disability], the address of the retirement center, hospital,
61	61	nursing home or other long-term care facility, [or retirement
62	62	center,] or relative [of a person related to the applicant within
63	63	the second degree by affinity or the third degree by consanguinity,
64	64	as determined under Chapter 573, Government Code], if the applicant
65	65	is living at that address and that address is different from the
66	66	address at which the applicant is registered to vote;
67	67	(4) for an application for a ballot to be voted by mail
68	68	by an applicant who is confined [on the ground of confinement] in
69	69	jail as described by Section 84.009(a), the address of the jail or
70	70	of a person related to the applicant within the degree described by
71	71	Subdivision (3); and
72	72	(5) [for an application for a ballot to be voted by
73	73	mail on any ground,] an indication of each election for which the
74	74	applicant is applying for a ballot[; and
75	75	[(6) an indication of the ground of eligibility for
76	76	early voting].
77	77	SECTION 6. Section 84.009, Election Code, is amended by
78	78	amending Subsection (a) and adding Subsection (b) to read as
79	79	follows:
80	80	(a) This section applies only to an applicant who, at the
81	81	time the application for a ballot to be voted by mail is submitted,
82	82	is confined in jail:
83	83	(1) serving a misdemeanor sentence for a term that
84	84	ends on or after election day;
85	85	(2) pending trial after denial of bail;
86	86	(3) without bail pending an appeal of a felony
87	87	conviction; or
88	88	(4) pending trial or appeal on a bailable offense for
89	89	which release on bail before election day is unlikely.
90	90	(b) On request of the applicant, an application for a ballot
91	91	to be voted by mail [on the ground of confinement in jail] may be
92	92	submitted to the early voting clerk, at the discretion of the
93	93	authority in charge of the jail, by personal delivery by the jail
94	94	authority or by a designated subordinate of the authority.
95	95	SECTION 7. Section 84.011(a), Election Code, is amended to
96	96	read as follows:
97	97	(a) The officially prescribed application form for an early
98	98	voting ballot must include:
99	99	(1) immediately preceding the signature space the
100	100	statement: "I certify that the information given in this
101	101	application is true, and I understand that giving false information
102	102	in this application is a crime.";
103	103	(2) a statement informing the applicant of the
104	104	offenses prescribed by Sections 84.003 and 84.004;
105	105	(3) spaces for entering an applicant's voter
106	106	registration number and county election precinct of registration,
107	107	with a statement informing the applicant that failure to furnish
108	108	that information does not invalidate the application; and
109	109	(4) on an application for a ballot to be voted by mail:
110	110	(A) a space for an applicant [applying on the
111	111	ground of absence from the county of residence] to indicate whether
112	112	the applicant will be absent from the applicant's county of
113	113	residence on election day and, if applicable, the date on or after
114	114	which the applicant can receive mail at the address outside the
115	115	county;
116	116	(B) a space for indicating the fact that an
117	117	applicant whose application is signed by a witness cannot make the
118	118	applicant's mark and a space for indicating the relationship or
119	119	lack of relationship of the witness to the applicant;
120	120	(C) a space for entering an applicant's telephone
121	121	number, with a statement informing the applicant that failure to
122	122	furnish that information does not invalidate the application;
123	123	(D) a space or box for an applicant who is 65
124	124	years of age or older on election day or has a sickness or physical
125	125	condition that requires the applicant to reside in a hospital or
126	126	nursing home or other long-term care facility, or with a relative,
127	127	[applying on the ground of age or disability] to indicate that the
128	128	address to which the ballot is to be mailed is the address of a
129	129	facility or relative described by Section 84.002(a)(3), if
130	130	applicable;
131	131	(E) a space or box for an applicant confined
132	132	[applying on the ground of confinement] in jail as described by
133	133	Section 84.009(a) to indicate that the address to which the ballot
134	134	is to be mailed is the address of a relative described by Section
135	135	84.002(a)(4), if applicable;
136	136	(F) a space for an applicant [applying on the
137	137	ground of age or disability] to indicate if the application is an
138	138	application under Section 86.0015;
139	139	(G) spaces for entering the signature, printed
140	140	name, and residence address of any person assisting the applicant;
141	141	(H) a statement informing the applicant of the
142	142	condition prescribed by Section 81.005; and
143	143	(I) a statement informing the applicant of the
144	144	requirement prescribed by Section 86.003(c).
145	145	SECTION 8. Sections 86.001(b) and (c), Election Code, are
146	146	amended to read as follows:
147	147	(b) If the application complies with the applicable
148	148	requirements prescribed by this title [applicant is entitled to
149	149	vote an early voting ballot by mail], the clerk shall provide an
150	150	official ballot to the applicant as provided by this chapter.
151	151	(c) Except as provided by Section 86.008, if the applicant
152	152	is not entitled to vote in the election [by mail], the clerk shall
153	153	reject the application, enter on the application "rejected" and the
154	154	reason for and date of rejection, and deliver written notice of the
155	155	reason for the rejection to the applicant at both the residence
156	156	address and mailing address on the application. A ballot may not be
157	157	provided to an applicant whose application is rejected.
158	158	SECTION 9. The heading to Section 86.0015, Election Code,
159	159	is amended to read as follows:
160	160	Sec. 86.0015. RECURRING [ANNUAL] BALLOTS BY MAIL.
161	161	SECTION 10. Sections 86.0015(a) and (b), Election Code, are
162	162	amended to read as follows:
163	163	(a) This section applies only to an application for a ballot
164	164	to be voted by mail that[:
165	165	[(1) indicates the ground of eligibility is age or
166	166	disability; and
167	167	[(2)] does not specify the election for which a ballot
168	168	is requested or has been marked by the applicant as an application
169	169	for more than one election.
170	170	(b) An application described by Subsection (a) is
171	171	considered to be an application for a ballot for each election,
172	172	including any ensuing runoff:
173	173	(1) in which the applicant is eligible to vote; and
174	174	(2) that occurs before the earlier of:
175	175	(A) [except as provided by Subsection (b-2), the
176	176	end of the calendar year in which the application was submitted;
177	177	[(B)] the date the county clerk receives notice
178	178	from the voter registrar under Subsection (f) that the voter has
179	179	changed residence to another county; or
180	180	(B) [(C)] the date the voter's registration is
181	181	canceled.
182	182	SECTION 11. Section 86.003(c), Election Code, is amended to
183	183	read as follows:
184	184	(c) The address to which the balloting materials must be
185	185	addressed is the address at which the voter is registered to vote,
186	186	or the registered mailing address if different, unless the
187	187	application to vote early by mail indicates that the voter [ground
188	188	for voting by mail is]:
189	189	(1) will be absent from the voter's [absence from the]
190	190	county of residence on election day, in which case the address must
191	191	be an address outside the voter's county of residence;
192	192	(2) is confined [confinement] in jail as described by
193	193	Section 84.009(a), in which case the address must be the address of
194	194	the jail or of a relative described by Section 84.002(a)(4); or
195	195	(3) is 65 years of age or older on election day or has a
196	196	sickness or physical condition that requires the applicant to
197	197	reside in a hospital or nursing home or other long-term care
198	198	facility, or with a relative, [age or disability] and [the voter] is
199	199	living at a retirement center, hospital, nursing home or other
200	200	long-term care facility, [or retirement center,] or with a relative
201	201	described by Section 84.002(a)(3), in which case the address must
202	202	be the address of that facility or relative.
203	203	SECTION 12. Section 86.004(b), Election Code, is amended to
204	204	read as follows:
205	205	(b) For an election to which Section 101.104 applies, the
206	206	balloting materials for a voter who indicates on the application
207	207	for a ballot to be voted by mail or the federal postcard application
208	208	that the voter seeks [is eligible] to vote early by mail as a
209	209	consequence of the voter's being outside the United States shall be
210	210	mailed on or before the later of the 45th day before election day or
211	211	the seventh calendar day after the date the clerk receives the
212	212	application. However, if it is not possible to mail the ballots by
213	213	the deadline of the 45th day before election day, the clerk shall
214	214	notify the secretary of state within 24 hours of knowing that the
215	215	deadline will not be met. The secretary of state shall monitor the
216	216	situation and advise the clerk, who shall mail the ballots as soon
217	217	as possible in accordance with the secretary of state's guidelines.
218	218	SECTION 13. Section 87.041(b), Election Code, is amended to
219	219	read as follows:
220	220	(b) A ballot may be accepted only if:
221	221	(1) the carrier envelope certificate is properly
222	222	executed;
223	223	(2) neither the voter's signature on the ballot
224	224	application nor the signature on the carrier envelope certificate
225	225	is determined to have been executed by a person other than the
226	226	voter, unless signed by a witness;
227	227	(3) [the voter's ballot application states a legal
228	228	ground for early voting by mail;
229	229	[(4)] the voter is registered to vote, if registration
230	230	is required by law;
231	231	(4) [(5) the address to which the ballot was mailed
232	232	to the voter, as indicated by the application, was outside the
233	233	voter's county of residence, if the ground for early voting is
234	234	absence from the county of residence;
235	235	[(6)] for a voter to whom a statement of residence form
236	236	was required to be sent under Section 86.002(a), the statement of
237	237	residence is returned in the carrier envelope and indicates that
238	238	the voter satisfies the residence requirements prescribed by
239	239	Section 63.0011; and
240	240	(5) [(7)] the address to which the ballot was mailed
241	241	to the voter is an address [that is otherwise] required by Sections
242	242	84.002 and 86.003.
243	243	SECTION 14. Section 102.001(a), Election Code, is amended
244	244	to read as follows:
245	245	(a) A qualified voter is eligible to vote a late ballot as
246	246	provided by this chapter if the voter has a sickness or physical
247	247	condition [described by Section 82.002] that prevents the voter
248	248	from appearing at the polling place on election day without a
249	249	likelihood of needing personal assistance or of injuring the
250	250	voter's health and originates on or after the day before the last
251	251	day for submitting an application for a ballot to be voted by mail.
252	252	SECTION 15. The following provisions of the Election Code
253	253	are repealed:
254	254	(1) Sections 82.001, 82.002, 82.003, and 82.004; and
255	255	(2) Sections 84.002(b), 86.0015(b-2), and 112.002(b).
256	256	SECTION 16. The changes in law made by this Act apply only
257	257	to an election ordered on or after September 1, 2021.
258	258	SECTION 17. This Act takes effect September 1, 2021.