Texas 2021 - 87th 1st C.S.

Texas House Bill HB96 Compare Versions

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

Old	New	Differences
1	1	87S10413 TSS-F
2	2	By: González of El Paso H.B. No. 96
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to correcting defects in an early voting ballot voted by
8	8	mail.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Sections 84.032(c) and (d), Election Code, are
11	11	amended to read as follows:
12	12	(c) An applicant may submit a request after the close of
13	13	early voting by personal appearance by appearing in person and:
14	14	(1) returning the ballot to be voted by mail to the
15	15	early voting clerk; or
16	16	(2) executing an affidavit that the applicant:
17	17	(A) has not received the ballot to be voted by
18	18	mail; [or]
19	19	(B) never requested a ballot to be voted by mail;
20	20	or
21	21	(C) received a notice of defect under Section
22	22	87.0411(b).
23	23	(d) An applicant may also submit a request by appearing in
24	24	person and returning the ballot to be voted by mail or presenting a
25	25	notice received under Section 86.006(h) or 87.0411(b) to:
26	26	(1) the early voting clerk or deputy early voting
27	27	clerk at any polling place that is open for early voting by personal
28	28	appearance; or
29	29	(2) the presiding election judge on election day at
30	30	the applicant's precinct polling place.
31	31	SECTION 2. Section 87.022, Election Code, is amended to
32	32	read as follows:
33	33	Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
34	34	provided by Section 87.0221, [87.0222,] 87.023, or 87.024, the
35	35	materials shall be delivered to the early voting ballot board under
36	36	this subchapter during the time the polls are open on election day,
37	37	or as soon after the polls close as practicable, at the time or
38	38	times specified by the presiding judge of the board.
39	39	SECTION 3. Section 87.0221(a), Election Code, is amended to
40	40	read as follows:
41	41	(a) In an election in which regular paper ballots are used
42	42	for early voting by personal appearance or by mail, the materials
43	43	may be delivered to the board beginning on the ninth day before the
44	44	last day of [between the end of] the period for early voting by
45	45	personal appearance. The early voting clerk shall deliver to the
46	46	board all early voting ballots voted by mail that have been returned
47	47	to the clerk by the end of the third day before the last day of the
48	48	period for early voting by personal appearance, and shall deliver
49	49	to the board all early voting ballots voted by mail received
50	50	thereafter at least once per day [and the closing of the polls on
51	51	election day, or as soon after closing as practicable, at the time
52	52	or times specified by the presiding judge of the board].
53	53	SECTION 4. Section 87.024(a), Election Code, is amended to
54	54	read as follows:
55	55	(a) In an election in which early voting votes by personal
56	56	appearance are cast on voting machines, the jacket envelopes
57	57	containing the early voting ballots voted by mail may be delivered
58	58	to the board beginning on the ninth day before the last day of
59	59	[between the end of] the period for early voting by personal
60	60	appearance. The early voting clerk shall deliver to the board all
61	61	early voting ballots voted by mail that have been returned to the
62	62	clerk by the end of the third day before the last day of the period
63	63	for early voting by personal appearance, and shall deliver to the
64	64	board all early voting ballots voted by mail received thereafter at
65	65	least once per day [and the closing of the polls on election day, or
66	66	as soon after closing as practicable, at a time specified by the
67	67	presiding judge of the board].
68	68	SECTION 5. Section 87.0241(a), Election Code, is amended to
69	69	read as follows:
70	70	(a) The early voting ballot board may determine whether to
71	71	accept early voting ballots voted by mail in accordance with
72	72	Section 87.041 at any time after the ballots are delivered to the
73	73	board except that the board shall determine by the end of the last
74	74	day of the period for early voting by personal appearance whether to
75	75	accept any early voting ballots voted by mail delivered to the board
76	76	by the end of the third day before the last day of the period for
77	77	early voting by personal appearance.
78	78	SECTION 6. Section 87.027(i), Election Code, is amended to
79	79	read as follows:
80	80	(i) The signature verification committee shall compare the
81	81	signature on each carrier envelope certificate, except those signed
82	82	for a voter by a witness, with the signature on the voter's ballot
83	83	application to determine whether the signatures are those of the
84	84	voter. The committee may also compare the signatures with any two or
85	85	more signatures of the voter made within the preceding six years and
86	86	on file with the county clerk or voter registrar to determine
87	87	whether the signatures are those of the voter. Except as provided by
88	88	Subsection (l), a determination under this subsection that the
89	89	signatures are not those of the voter must be made by a majority
90	90	vote of the committee's membership. The committee shall place the
91	91	jacket envelopes, carrier envelopes, and applications of voters
92	92	whose signatures are not those of the voter in separate containers
93	93	from those of voters whose signatures are those of the voter. As
94	94	soon as practicable, but in no event more than one business day
95	95	after the committee discovers that a voter did not sign the carrier
96	96	envelope certificate or determines that the signature on the
97	97	voter's ballot application or certificate is not that of the voter,
98	98	the committee chair shall deliver the jacket envelope, carrier
99	99	envelope, and application of the voter to the early voting ballot
100	100	board. The committee chair shall deliver the jacket envelopes,
101	101	carrier envelopes, and applications of voters whose signatures are
102	102	those of the voter [sorted materials] to the early voting ballot
103	103	board at the time specified by the board's presiding judge.
104	104	SECTION 7. Sections 87.041(b) and (d), Election Code, are
105	105	amended to read as follows:
106	106	(b) Except as provided by Section 87.0411(h), a [A] ballot
107	107	may be accepted only if:
108	108	(1) the carrier envelope certificate is properly
109	109	executed;
110	110	(2) neither the voter's signature on the ballot
111	111	application nor the signature on the carrier envelope certificate
112	112	is determined to have been executed by a person other than the
113	113	voter, unless signed by a witness;
114	114	(3) the voter's ballot application states a legal
115	115	ground for early voting by mail;
116	116	(4) the voter is registered to vote, if registration
117	117	is required by law;
118	118	(5) the address to which the ballot was mailed to the
119	119	voter, as indicated by the application, was outside the voter's
120	120	county of residence, if the ground for early voting is absence from
121	121	the county of residence;
122	122	(6) for a voter to whom a statement of residence form
123	123	was required to be sent under Section 86.002(a), the statement of
124	124	residence is returned in the carrier envelope and indicates that
125	125	the voter satisfies the residence requirements prescribed by
126	126	Section 63.0011; and
127	127	(7) the address to which the ballot was mailed to the
128	128	voter is an address that is otherwise required by Sections 84.002
129	129	and 86.003.
130	130	(d) Except as provided by Section 87.0411(h), a [A] ballot
131	131	shall be rejected if any requirement prescribed by Subsection (b)
132	132	is not satisfied. In that case, the board shall indicate the
133	133	rejection by entering "rejected" on the carrier envelope and on the
134	134	corresponding jacket envelope.
135	135	SECTION 8. Subchapter C, Chapter 87, Election Code, is
136	136	amended by adding Section 87.0411 to read as follows:
137	137	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
138	138	BALLOT BOARD. (a) This section applies to an early voting ballot
139	139	voted by mail:
140	140	(1) for which the voter did not sign the carrier
141	141	envelope certificate;
142	142	(2) for which it cannot immediately be determined
143	143	whether the signature on the carrier envelope certificate is that
144	144	of the voter; or
145	145	(3) that does not contain a statement of residence
146	146	form if required pursuant to Section 86.002(a).
147	147	(b) Before deciding whether to accept or reject a ballot
148	148	under Section 87.041, the early voting ballot board shall notify a
149	149	voter within one business day of the discovery of a defect under
150	150	Subsection (a) to advise the voter of the defect and provide the
151	151	voter an opportunity to correct the defect by providing:
152	152	(1) if the defect involves the voter's signature:
153	153	(A) the following identification:
154	154	(i) the identification number from an
155	155	unexpired driver's license, election identification certificate,
156	156	or personal identification card issued to the voter by the
157	157	Department of Public Safety;
158	158	(ii) the last four digits of the voter's
159	159	Social Security number; or
160	160	(iii) if the voter does not possess any
161	161	identification described by Subparagraph (i) or (ii), a form of
162	162	identification described by Section 63.0101; and
163	163	(B) a signed cure attestation form prescribed by
164	164	the secretary of state stating that the ballot at issue is that of
165	165	the voter; or
166	166	(2) if the defect involves a required statement of
167	167	residence form, a signed and completed statement of residence form.
168	168	(c) Subsection (b) does not apply if the early voting ballot
169	169	board determines that it would be impossible to correct the defect
170	170	before the ninth day after the date of the election.
171	171	(d) A voter may submit materials listed under Subsection (b)
172	172	to the early voting clerk by:
173	173	(1) personal delivery;
174	174	(2) mail;
175	175	(3) e-mail; or
176	176	(4) telephonic facsimile machine, if a machine is
177	177	available in the clerk's office.
178	178	(e) The notice under Subsection (b) must:
179	179	(1) inform the voter that the voter's vote will not be
180	180	counted unless the voter submits the materials listed under
181	181	Subsection (b) not later than the ninth day after the date of the
182	182	election;
183	183	(2) instruct the voter on the methods of returning the
184	184	materials listed under Subsection (b);
185	185	(3) include a copy of the cure attestation form or
186	186	statement of residence form prescribed by the secretary of state;
187	187	and
188	188	(4) direct the voter to the location of the cure
189	189	attestation form or statement of residence form on the secretary of
190	190	state's Internet website.
191	191	(f) The early voting ballot board shall provide notice to
192	192	the voter under Subsection (b) by mail and any other method
193	193	reasonably calculated to provide sufficient time for the voter to
194	194	submit the required materials before the deadline prescribed by
195	195	this section.
196	196	(g) The early voting ballot board is not required to provide
197	197	notice under Subsection (b) if the board makes a determination
198	198	under Section 87.027(j) that the signature on the carrier envelope
199	199	certificate and ballot application are those of the voter.
200	200	(h) If the early voting ballot board does not provide notice
201	201	to the voter under Subsection (b) and the ballot meets the
202	202	requirements of Sections 87.041(b)(1), (3), (4), (5), (6), and (7),
203	203	the board shall accept the ballot in the manner provided by Section
204	204	87.042.
205	205	(i) The secretary of state shall:
206	206	(1) prominently display and maintain on the main page
207	207	of the secretary's Internet website a link to blank versions of the
208	208	cure attestation form and the statement of residence form described
209	209	by Subsection (b); and
210	210	(2) adopt rules and prescribe forms as necessary to
211	211	implement this section.
212	212	(j) The cure attestation form and the statement of residence
213	213	form prescribed under this section must include clear instructions
214	214	for completion and notice of the penalties associated with election
215	215	fraud and voting more than once in an election. The cure attestation
216	216	form and statement of residence form may not require the voter to
217	217	have the form notarized or signed by a witness.
218	218	(k) The signature provided by the voter on a cure
219	219	attestation form or a statement of residence form shall be placed on
220	220	file with the county clerk or voter registrar to allow its use for
221	221	future signature comparison as provided by Section 87.027(i) and
222	222	Section 87.041(e).
223	223	SECTION 9. Section 87.0222, Election Code, as effective
224	224	September 1, 2021, is repealed.
225	225	SECTION 10. This Act takes effect on the 91st day after the
226	226	last day of the legislative session.