Texas 2021 - 87th 1st C.S.

Texas House Bill HB238 Compare Versions

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

Old	New	Differences
1	1	87S10038 BRG-D
2	2	By: Dominguez H.B. No. 238
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, as effective
44	44	September 1, 2021, is amended to 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 relative [on the ground of age or disability],
58	58	the address of the hospital, nursing home or other long-term care
59	59	facility, or retirement center, or of a person related to the
60	60	applicant within the second degree by affinity or the third degree
61	61	by consanguinity, as determined under Chapter 573, Government Code,
62	62	if the applicant is living at that address and that address is
63	63	different from the address at which the applicant is registered to
64	64	vote;
65	65	(4) for an application for a ballot to be voted by mail
66	66	by an applicant who is confined [on the ground of confinement] in
67	67	jail as described by Section 84.009(a), the address of the jail or
68	68	of a person related to the applicant within the degree described by
69	69	Subdivision (3);
70	70	(5) [for an application for a ballot to be voted by
71	71	mail on any ground,] an indication of each election for which the
72	72	applicant is applying for a ballot; and
73	73	(6) [an indication of the ground of eligibility for
74	74	early voting; and
75	75	[(7)] for an application for a ballot to be voted by
76	76	mail by an applicant who is civilly committed as a sexually violent
77	77	predator under Chapter 841, Health and Safety Code, and is ordered
78	78	as a condition of civil commitment to reside in a facility operated
79	79	by or under contract with the Texas Civil Commitment Office [on the
80	80	ground of involuntary civil commitment], the address of the
81	81	facility operated by or under contract with the Texas Civil
82	82	Commitment Office or of a person related to the applicant within the
83	83	degree of consanguinity described by Subdivision (3).
84	84	SECTION 6. Section 84.009, Election Code, is amended by
85	85	amending Subsection (a) and adding Subsection (b) to read as
86	86	follows:
87	87	(a) This section applies only to an applicant who, at the
88	88	time the application for a ballot to be voted by mail is submitted,
89	89	is confined in jail:
90	90	(1) serving a misdemeanor sentence for a term that
91	91	ends on or after election day;
92	92	(2) pending trial after denial of bail;
93	93	(3) without bail pending an appeal of a felony
94	94	conviction; or
95	95	(4) pending trial or appeal on a bailable offense for
96	96	which release on bail before election day is unlikely.
97	97	(b) On request of the applicant, an application for a ballot
98	98	to be voted by mail [on the ground of confinement in jail] may be
99	99	submitted to the early voting clerk, at the discretion of the
100	100	authority in charge of the jail, by personal delivery by the jail
101	101	authority or by a designated subordinate of the authority.
102	102	SECTION 7. Section 84.011(a), Election Code, as effective
103	103	September 1, 2021, is amended to read as follows:
104	104	(a) The officially prescribed application form for an early
105	105	voting ballot must include:
106	106	(1) immediately preceding the signature space the
107	107	statement: "I certify that the information given in this
108	108	application is true, and I understand that giving false information
109	109	in this application is a crime.";
110	110	(2) a statement informing the applicant of the
111	111	offenses prescribed by Sections 84.003 and 84.004;
112	112	(3) spaces for entering an applicant's voter
113	113	registration number and county election precinct of registration,
114	114	with a statement informing the applicant that failure to furnish
115	115	that information does not invalidate the application; and
116	116	(4) on an application for a ballot to be voted by mail:
117	117	(A) a space for an applicant [applying on the
118	118	ground of absence from the county of residence] to indicate whether
119	119	the applicant will be absent from the applicant's county of
120	120	residence on election day and, if applicable, the date on or after
121	121	which the applicant can receive mail at the address outside the
122	122	county;
123	123	(B) a space for indicating the fact that an
124	124	applicant whose application is signed by a witness cannot make the
125	125	applicant's mark and a space for indicating the relationship or
126	126	lack of relationship of the witness to the applicant;
127	127	(C) a space for entering an applicant's telephone
128	128	number, with a statement informing the applicant that failure to
129	129	furnish that information does not invalidate the application;
130	130	(D) a space or box for an applicant who is 65
131	131	years of age or older on election day or has a sickness or physical
132	132	condition that requires the applicant to reside in a hospital or
133	133	nursing home or other long-term care facility, or with a relative,
134	134	[applying on the ground of age or disability] to indicate that the
135	135	address to which the ballot is to be mailed is the address of a
136	136	facility or relative described by Section 84.002(a)(3), if
137	137	applicable;
138	138	(E) a space or box for an applicant who is
139	139	confined [applying on the ground of confinement] in jail as
140	140	described by Section 84.009(a) or who is civilly committed as a
141	141	sexually violent predator under Chapter 841, Health and Safety
142	142	Code, and ordered as a condition of civil commitment to reside in a
143	143	facility operated by or under contract with the Texas Civil
144	144	Commitment Office, [involuntary civil commitment] to indicate that
145	145	the address to which the ballot is to be mailed is the address of a
146	146	relative described by Section 84.002(a)(4) or (6) [(7)], if
147	147	applicable;
148	148	(F) a space for an applicant [applying on the
149	149	ground of age or disability] to indicate if the application is an
150	150	application under Section 86.0015;
151	151	(G) spaces for entering the signature, printed
152	152	name, and residence address of any person assisting the applicant;
153	153	(H) a statement informing the applicant of the
154	154	condition prescribed by Section 81.005; and
155	155	(I) a statement informing the applicant of the
156	156	requirement prescribed by Section 86.003(c).
157	157	SECTION 8. Sections 86.001(b) and (c), Election Code, are
158	158	amended to read as follows:
159	159	(b) If the application complies with the applicable
160	160	requirements prescribed by this title [applicant is entitled to
161	161	vote an early voting ballot by mail], the clerk shall provide an
162	162	official ballot to the applicant as provided by this chapter.
163	163	(c) Except as provided by Section 86.008, if the applicant
164	164	is not entitled to vote in the election [by mail], the clerk shall
165	165	reject the application, enter on the application "rejected" and the
166	166	reason for and date of rejection, and deliver written notice of the
167	167	reason for the rejection to the applicant at both the residence
168	168	address and mailing address on the application. A ballot may not be
169	169	provided to an applicant whose application is rejected.
170	170	SECTION 9. Section 86.0015(a), Election Code, is amended to
171	171	read as follows:
172	172	(a) This section applies only to an application for a ballot
173	173	to be voted by mail that[:
174	174	[(1) indicates the ground of eligibility is age or
175	175	disability; and
176	176	[(2)] does not specify the election for which a ballot
177	177	is requested or has been marked by the applicant as an application
178	178	for more than one election.
179	179	SECTION 10. Section 86.003(c), Election Code, as effective
180	180	September 1, 2021, is amended to read as follows:
181	181	(c) The address to which the balloting materials must be
182	182	addressed is the address at which the voter is registered to vote,
183	183	or the registered mailing address if different, unless the
184	184	application to vote early by mail indicates that the voter [ground
185	185	for voting by mail is]:
186	186	(1) will be absent from the voter's [absence from the]
187	187	county of residence on election day, in which case the address must
188	188	be an address outside the voter's county of residence;
189	189	(2) is confined [confinement] in jail as described by
190	190	Section 84.009(a), in which case the address must be the address of
191	191	the jail or of a relative described by Section 84.002(a)(4);
192	192	(3) is 65 years of age or older on election day or has a
193	193	sickness or physical condition that requires the applicant to
194	194	reside in a hospital or nursing home or other long-term care
195	195	facility, or with a relative, [age or disability] and [the voter] is
196	196	living at a hospital, nursing home or other long-term care
197	197	facility, or retirement center, or with a relative described by
198	198	Section 84.002(a)(3), in which case the address must be the address
199	199	of that facility or relative; or
200	200	(4) is civilly committed as a sexually violent
201	201	predator under Chapter 841, Health and Safety Code, and ordered as a
202	202	condition of civil commitment to reside in a facility operated by or
203	203	under contract with the Texas Civil Commitment Office [involuntary
204	204	civil commitment], in which case the address must be the address of
205	205	the facility or of a relative described by Section 84.002(a)(6)
206	206	[84.002(a)(7)].
207	207	SECTION 11. Section 86.004(b), Election Code, is amended to
208	208	read as follows:
209	209	(b) For an election to which Section 101.104 applies, the
210	210	balloting materials for a voter who indicates on the application
211	211	for a ballot to be voted by mail or the federal postcard application
212	212	that the voter seeks [is eligible] to vote early by mail as a
213	213	consequence of the voter's being outside the United States shall be
214	214	mailed on or before the later of the 45th day before election day or
215	215	the seventh calendar day after the date the clerk receives the
216	216	application. However, if it is not possible to mail the ballots by
217	217	the deadline of the 45th day before election day, the clerk shall
218	218	notify the secretary of state within 24 hours of knowing that the
219	219	deadline will not be met. The secretary of state shall monitor the
220	220	situation and advise the clerk, who shall mail the ballots as soon
221	221	as possible in accordance with the secretary of state's guidelines.
222	222	SECTION 12. Section 87.041(b), Election Code, is amended to
223	223	read as follows:
224	224	(b) A ballot may be accepted only if:
225	225	(1) the carrier envelope certificate is properly
226	226	executed;
227	227	(2) neither the voter's signature on the ballot
228	228	application nor the signature on the carrier envelope certificate
229	229	is determined to have been executed by a person other than the
230	230	voter, unless signed by a witness;
231	231	(3) [the voter's ballot application states a legal
232	232	ground for early voting by mail;
233	233	[(4)] the voter is registered to vote, if registration
234	234	is required by law;
235	235	(4) [(5) the address to which the ballot was mailed
236	236	to the voter, as indicated by the application, was outside the
237	237	voter's county of residence, if the ground for early voting is
238	238	absence from the county of residence;
239	239	[(6)] for a voter to whom a statement of residence form
240	240	was required to be sent under Section 86.002(a), the statement of
241	241	residence is returned in the carrier envelope and indicates that
242	242	the voter satisfies the residence requirements prescribed by
243	243	Section 63.0011; and
244	244	(5) [(7)] the address to which the ballot was mailed
245	245	to the voter is an address [that is otherwise] required by Sections
246	246	84.002 and 86.003.
247	247	SECTION 13. Section 102.001(a), Election Code, is amended
248	248	to read as follows:
249	249	(a) A qualified voter is eligible to vote a late ballot as
250	250	provided by this chapter if the voter has a sickness or physical
251	251	condition [described by Section 82.002] that prevents the voter
252	252	from appearing at the polling place on election day without a
253	253	likelihood of needing personal assistance or of injuring the
254	254	voter's health and originates on or after the day before the last
255	255	day for submitting an application for a ballot to be voted by mail.
256	256	SECTION 14. The following provisions of the Election Code
257	257	are repealed:
258	258	(1) Section 82.001;
259	259	(2) Section 82.002;
260	260	(3) Section 82.003;
261	261	(4) Section 82.004;
262	262	(5) Section 82.008, as effective September 1, 2021;
263	263	(6) Section 84.002(b);
264	264	(7) Section 84.002(c), as effective September 1, 2021;
265	265	and
266	266	(8) Section 112.002(b).
267	267	SECTION 15. The changes in law made by this Act apply only
268	268	to an election ordered on or after the effective date of this Act.
269	269	SECTION 16. This Act takes effect on the 91st day after the
270	270	last day of the legislative session.