Texas 2021 - 87th 1st C.S.

Texas House Bill HB57 Compare Versions

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

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