Texas 2021 - 87th 1st C.S.

Texas House Bill HB235 Compare Versions

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

Old	New	Differences
1	1	87S10118 SGM-D
2	2	By: Bucy H.B. No. 235
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, as effective
12	12	September 1, 2021, is amended to 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;
36	36	(6) an indication of the ground of eligibility for
37	37	early voting; and
38	38	(7) for an application for a ballot to be voted by mail
39	39	on the ground of involuntary civil commitment, the address of the
40	40	facility operated by or under contract with the Texas Civil
41	41	Commitment Office or of a person related to the applicant within the
42	42	degree of consanguinity described by Subdivision (3).
43	43	SECTION 2. Section 84.011(a), Election Code, as effective
44	44	September 1, 2021, is amended to read as follows:
45	45	(a) The officially prescribed application form for an early
46	46	voting ballot must include:
47	47	(1) immediately preceding the signature space the
48	48	statement: "I certify that the information given in this
49	49	application is true, and I understand that giving false information
50	50	in this application is a crime.";
51	51	(2) a statement informing the applicant of the
52	52	offenses prescribed by Sections 84.003 and 84.004;
53	53	(3) spaces for entering an applicant's voter
54	54	registration number and county election precinct of registration,
55	55	with a statement informing the applicant that failure to furnish
56	56	that information does not invalidate the application; and
57	57	(4) on an application for a ballot to be voted by mail:
58	58	(A) a space for an applicant applying on the
59	59	ground of absence from the county of residence to:
60	60	(i) indicate the date on or after which the
61	61	applicant can receive mail at the address outside the county; or
62	62	(ii) indicate that the applicant wishes to
63	63	receive the balloting materials by electronic transmission and
64	64	provide an e-mail address;
65	65	(B) a space for indicating the fact that an
66	66	applicant whose application is signed by a witness cannot make the
67	67	applicant's mark and a space for indicating the relationship or
68	68	lack of relationship of the witness to the applicant;
69	69	(C) a space for entering an applicant's telephone
70	70	number, with a statement informing the applicant that failure to
71	71	furnish that information does not invalidate the application;
72	72	(D) a space or box for an applicant applying on
73	73	the ground of age or disability to indicate that the address to
74	74	which the ballot is to be mailed is the address of a facility or
75	75	relative described by Section 84.002(a)(3), if applicable;
76	76	(E) a space or box for an applicant applying on
77	77	the ground of confinement in jail or involuntary civil commitment
78	78	to indicate that the address to which the ballot is to be mailed is
79	79	the address of a relative described by Section 84.002(a)(4) or (7),
80	80	if applicable;
81	81	(F) a space for an applicant applying on the
82	82	ground of age or disability to indicate if the application is an
83	83	application under Section 86.0015;
84	84	(G) spaces for entering the signature, printed
85	85	name, and residence address of any person assisting the applicant;
86	86	(H) a statement informing the applicant of the
87	87	condition prescribed by Section 81.005; and
88	88	(I) a statement informing the applicant of the
89	89	requirement prescribed by Section 86.003(c).
90	90	SECTION 3. Section 86.003(a), Election Code, is amended to
91	91	read as follows:
92	92	(a) Except as provided by Section 86.0031, the [The]
93	93	balloting materials for voting by mail shall be provided to the
94	94	voter by mail. A ballot provided by any other method may not be
95	95	counted.
96	96	SECTION 4. Chapter 86, Election Code, is amended by adding
97	97	Section 86.0031 to read as follows:
98	98	Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING
99	99	BALLOT. (a) A voter voting by mail based on the ground of absence
100	100	from the county of residence may elect to receive the balloting
101	101	materials by electronic transmission on the voter's application for
102	102	an early voting ballot to be voted by mail.
103	103	(b) Balloting materials to be sent by electronic
104	104	transmission under this section include:
105	105	(1) the appropriate ballot;
106	106	(2) ballot instructions, including instructions that
107	107	inform a voter that the ballot must be returned by mail to be
108	108	counted;
109	109	(3) instructions prescribed by the secretary of state
110	110	on how to create a ballot envelope and carrier envelope or signature
111	111	sheet for the ballot; and
112	112	(4) a list of certified write-in candidates, if
113	113	applicable.
114	114	(c) The balloting materials may be provided by e-mail to the
115	115	voter:
116	116	(1) in a portable document format or similar file type
117	117	or through a scanned format; or
118	118	(2) by any other method of electronic transmission
119	119	authorized by the secretary of state in writing.
120	120	(d) An e-mail address used under this section to request
121	121	balloting materials is confidential and does not constitute public
122	122	information for purposes of Chapter 552, Government Code. An early
123	123	voting clerk shall ensure that a voter's e-mail address provided
124	124	under this section is excluded from public disclosure.
125	125	(e) The secretary of state shall prescribe procedures to
126	126	implement this section.
127	127	SECTION 5. Section 86.006, Election Code, is amended by
128	128	amending Subsection (a) and adding Subsection (a-2) to read as
129	129	follows:
130	130	(a) Except as provided by Subsection (a-2), a [A] marked
131	131	ballot voted under this chapter must be returned to the early voting
132	132	clerk in the official carrier envelope. The carrier envelope may be
133	133	delivered in another envelope and must be transported and delivered
134	134	only by:
135	135	(1) mail;
136	136	(2) common or contract carrier; or
137	137	(3) subject to Subsection (a-1), in-person delivery by
138	138	the voter who voted the ballot.
139	139	(a-2) A marked ballot received through electronic
140	140	transmission as provided by Section 86.0031 shall be returned to
141	141	the early voting clerk by mail or common or contract carrier through
142	142	the procedures prescribed by the secretary of state.
143	143	SECTION 6. This Act takes effect on the 91st day after the
144	144	last day of the legislative session.