Texas 2021 - 87th 1st C.S.

Texas House Bill HB129 Compare Versions

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

Old	New	Differences
1	1	87S10046 SGM-F
2	2	By: Hinojosa H.B. No. 129
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to an early voting ballot voted by mail.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 84.032(c), Election Code, is amended to
10	10	read as follows:
11	11	(c) An applicant may submit a request after the close of
12	12	early voting by personal appearance by appearing in person and:
13	13	(1) returning the ballot to be voted by mail to the
14	14	early voting clerk; or
15	15	(2) executing an affidavit that the applicant:
16	16	(A) has not received the ballot to be voted by
17	17	mail; [or]
18	18	(B) never requested a ballot to be voted by mail;
19	19	or
20	20	(C) received notice of a defect under Section
21	21	87.0271(b) or 87.0411(b).
22	22	SECTION 2. Subchapter B, Chapter 87, Election Code, is
23	23	amended by adding Section 87.0271 to read as follows:
24	24	Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
25	25	VERIFICATION COMMITTEE. (a) This section applies to an early
26	26	voting ballot voted by mail:
27	27	(1) for which the voter did not sign the carrier
28	28	envelope certificate;
29	29	(2) for which it cannot immediately be determined
30	30	whether the signature on the carrier envelope certificate is that
31	31	of the voter;
32	32	(3) missing any required statement of residence; or
33	33	(4) containing incomplete information with respect to
34	34	a witness.
35	35	(b) Not later than the second business day after discovering
36	36	a defect described by Subsection (a) and before deciding whether to
37	37	accept or reject a timely delivered ballot under Section 87.027,
38	38	the signature verification committee shall:
39	39	(1) return the carrier envelope to the voter by mail,
40	40	if the signature verification committee determines that it would be
41	41	possible to correct the defect and return the carrier envelope
42	42	before the time the polls are required to close on election day; or
43	43	(2) notify the voter of the defect by telephone or
44	44	e-mail and inform the voter that the voter may request to have the
45	45	voter's application to vote by mail canceled in the manner
46	46	described by Section 84.032 or come to the early voting clerk's
47	47	office in person not later than the sixth day after election day to
48	48	correct the defect.
49	49	(c) If the signature verification committee takes an action
50	50	described by Subsection (b), the committee must take either action
51	51	described by that subsection with respect to each ballot in the
52	52	election to which this section applies.
53	53	(d) A poll watcher is entitled to observe an action taken
54	54	under Subsection (b).
55	55	(e) The secretary of state may prescribe any procedures
56	56	necessary to implement this section.
57	57	(f) Notwithstanding any other law, a ballot may not be
58	58	finally rejected for a reason listed in Section 87.041(b)(1), (2),
59	59	or (6) before the seventh day after election day.
60	60	SECTION 3. Subchapter C, Chapter 87, Election Code, is
61	61	amended by adding Section 87.0411 to read as follows:
62	62	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
63	63	BALLOT BOARD. (a) This section applies to an early voting ballot
64	64	voted by mail:
65	65	(1) for which the voter did not sign the carrier
66	66	envelope certificate;
67	67	(2) for which it cannot immediately be determined
68	68	whether the signature on the carrier envelope certificate is that
69	69	of the voter;
70	70	(3) missing any required statement of residence; or
71	71	(4) containing incomplete information with respect to
72	72	a witness.
73	73	(b) Not later than the second business day after discovering
74	74	a defect described by Subsection (a) and before deciding whether to
75	75	accept or reject a timely delivered ballot under Section 87.041,
76	76	the early voting ballot board shall:
77	77	(1) return the carrier envelope to the voter by mail,
78	78	if the early voting ballot board determines that it would be
79	79	possible to correct the defect and return the carrier envelope
80	80	before the time the polls are required to close on election day; or
81	81	(2) notify the voter of the defect by telephone or
82	82	e-mail and inform the voter that the voter may request to have the
83	83	voter's application to vote by mail canceled in the manner
84	84	described by Section 84.032 or come to the early voting clerk's
85	85	office in person not later than the sixth day after election day to
86	86	correct the defect.
87	87	(c) If the early voting ballot board takes an action
88	88	described by Subsection (b), the board must take either action
89	89	described by that subsection with respect to each ballot in the
90	90	election to which this section applies.
91	91	(d) A poll watcher is entitled to observe an action taken
92	92	under Subsection (b).
93	93	(e) The secretary of state may prescribe any procedures
94	94	necessary to implement this section.
95	95	(f) Notwithstanding any other law, a ballot may not be
96	96	finally rejected for a reason listed in Section 87.041(b)(1), (2),
97	97	or (6) before the seventh day after election day.
98	98	SECTION 4. This Act takes effect on the 91st day after the
99	99	last day of the legislative session.