Texas 2021 - 87th Regular

Texas Senate Bill SB378 Compare Versions

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

Old	New	Differences
1	1	87R3626 SGM-D
2	2	By: West S.B. No. 378
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the electronic transmission of a ballot to a voter
8	8	voting early by mail on the ground of absence from the county of
9	9	residence.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 84.002(a), Election Code, is amended to
12	12	read as follows:
13	13	(a) An early voting ballot application must include:
14	14	(1) the applicant's name and the address at which the
15	15	applicant is registered to vote;
16	16	(2) for an application for a ballot to be voted by mail
17	17	on the ground of absence from the county of residence, the address
18	18	outside the applicant's county of residence to which the ballot is
19	19	to be mailed or an e-mail address for the applicant to which the
20	20	ballot is sent by electronic transmission;
21	21	(3) for an application for a ballot to be voted by mail
22	22	on the ground of age or disability, the address of the hospital,
23	23	nursing home or other long-term care facility, or retirement
24	24	center, or of a person related to the applicant within the second
25	25	degree by affinity or the third degree by consanguinity, as
26	26	determined under Chapter 573, Government Code, if the applicant is
27	27	living at that address and that address is different from the
28	28	address at which the applicant is registered to vote;
29	29	(4) for an application for a ballot to be voted by mail
30	30	on the ground of confinement in jail, the address of the jail or of a
31	31	person related to the applicant within the degree described by
32	32	Subdivision (3);
33	33	(5) for an application for a ballot to be voted by mail
34	34	on any ground, an indication of each election for which the
35	35	applicant is applying for a ballot; and
36	36	(6) an indication of the ground of eligibility for
37	37	early voting.
38	38	SECTION 2. Section 84.011(a), Election Code, is amended to
39	39	read as follows:
40	40	(a) The officially prescribed application form for an early
41	41	voting ballot must include:
42	42	(1) immediately preceding the signature space the
43	43	statement: "I certify that the information given in this
44	44	application is true, and I understand that giving false information
45	45	in this application is a crime.";
46	46	(2) a statement informing the applicant of the
47	47	offenses prescribed by Sections 84.003 and 84.004;
48	48	(3) spaces for entering an applicant's voter
49	49	registration number and county election precinct of registration,
50	50	with a statement informing the applicant that failure to furnish
51	51	that information does not invalidate the application; and
52	52	(4) on an application for a ballot to be voted by mail:
53	53	(A) a space for an applicant applying on the
54	54	ground of absence from the county of residence to:
55	55	(i) indicate the date on or after which the
56	56	applicant can receive mail at the address outside the county; or
57	57	(ii) indicate that the applicant wishes to
58	58	receive the balloting materials by electronic transmission and
59	59	provide an e-mail address;
60	60	(B) a space for indicating the fact that an
61	61	applicant whose application is signed by a witness cannot make the
62	62	applicant's mark and a space for indicating the relationship or
63	63	lack of relationship of the witness to the applicant;
64	64	(C) a space for entering an applicant's telephone
65	65	number, with a statement informing the applicant that failure to
66	66	furnish that information does not invalidate the application;
67	67	(D) a space or box for an applicant applying on
68	68	the ground of age or disability to indicate that the address to
69	69	which the ballot is to be mailed is the address of a facility or
70	70	relative described by Section 84.002(a)(3), if applicable;
71	71	(E) a space or box for an applicant applying on
72	72	the ground of confinement in jail to indicate that the address to
73	73	which the ballot is to be mailed is the address of a relative
74	74	described by Section 84.002(a)(4), if applicable;
75	75	(F) a space for an applicant applying on the
76	76	ground of age or disability to indicate if the application is an
77	77	application under Section 86.0015;
78	78	(G) spaces for entering the signature, printed
79	79	name, and residence address of any person assisting the applicant;
80	80	(H) a statement informing the applicant of the
81	81	condition prescribed by Section 81.005; and
82	82	(I) a statement informing the applicant of the
83	83	requirement prescribed by Section 86.003(c).
84	84	SECTION 3. Section 86.003(a), Election Code, is amended to
85	85	read as follows:
86	86	(a) Except as provided by Section 86.0031, the [The]
87	87	balloting materials for voting by mail shall be provided to the
88	88	voter by mail. A ballot provided by any other method may not be
89	89	counted.
90	90	SECTION 4. Chapter 86, Election Code, is amended by adding
91	91	Section 86.0031 to read as follows:
92	92	Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING
93	93	BALLOT. (a) A voter voting by mail based on the ground of absence
94	94	from the county of residence may elect to receive the balloting
95	95	materials by electronic transmission on the voter's application for
96	96	an early voting ballot to be voted by mail.
97	97	(b) Balloting materials to be sent by electronic
98	98	transmission under this section include:
99	99	(1) the appropriate ballot;
100	100	(2) ballot instructions, including instructions that
101	101	inform a voter that the ballot must be returned by mail to be
102	102	counted;
103	103	(3) instructions prescribed by the secretary of state
104	104	on how to create a ballot envelope and carrier envelope or signature
105	105	sheet for the ballot; and
106	106	(4) a list of certified write-in candidates, if
107	107	applicable.
108	108	(c) The balloting materials may be provided by e-mail to the
109	109	voter:
110	110	(1) in a portable document format or similar file type
111	111	or through a scanned format; or
112	112	(2) by any other method of electronic transmission
113	113	authorized by the secretary of state in writing.
114	114	(d) An e-mail address used under this section to request
115	115	balloting materials is confidential and does not constitute public
116	116	information for purposes of Chapter 552, Government Code. An early
117	117	voting clerk shall ensure that a voter's e-mail address provided
118	118	under this section is excluded from public disclosure.
119	119	(e) The secretary of state shall prescribe procedures to
120	120	implement this section.
121	121	SECTION 5. Section 86.006, Election Code, is amended by
122	122	amending Subsection (a) and adding Subsection (a-2) to read as
123	123	follows:
124	124	(a) Except as provided by Subsection (a-2), a [A] marked
125	125	ballot voted under this chapter must be returned to the early voting
126	126	clerk in the official carrier envelope. The carrier envelope may be
127	127	delivered in another envelope and must be transported and delivered
128	128	only by:
129	129	(1) mail;
130	130	(2) common or contract carrier; or
131	131	(3) subject to Subsection (a-1), in-person delivery by
132	132	the voter who voted the ballot.
133	133	(a-2) A marked ballot received through electronic
134	134	transmission as provided by Section 86.0031 shall be returned to
135	135	the early voting clerk by mail or common or contract carrier through
136	136	the procedures prescribed by the secretary of state.
137	137	SECTION 6. This Act takes effect September 1, 2021.