87S10413 TSS-F
By: González of El Paso H.B. No. 96
A BILL TO BE ENTITLED
AN ACT
relating to correcting defects in an early voting ballot voted by
mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 84.032(c) and (d), Election Code, are
amended to read as follows:
(c) An applicant may submit a request after the close of
early voting by personal appearance by appearing in person and:
(1) returning the ballot to be voted by mail to the
early voting clerk; or
(2) executing an affidavit that the applicant:
(A) has not received the ballot to be voted by
mail; [or]
(B) never requested a ballot to be voted by mail;
or
(C) received a notice of defect under Section
87.0411(b).
(d) An applicant may also submit a request by appearing in
person and returning the ballot to be voted by mail or presenting a
notice received under Section 86.006(h) or 87.0411(b) to:
(1) the early voting clerk or deputy early voting
clerk at any polling place that is open for early voting by personal
appearance; or
(2) the presiding election judge on election day at
the applicant's precinct polling place.
SECTION 2. Section 87.022, Election Code, is amended to
read as follows:
Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as
provided by Section 87.0221, [87.0222,] 87.023, or 87.024, the
materials shall be delivered to the early voting ballot board under
this subchapter during the time the polls are open on election day,
or as soon after the polls close as practicable, at the time or
times specified by the presiding judge of the board.
SECTION 3. Section 87.0221(a), Election Code, is amended to
read as follows:
(a) In an election in which regular paper ballots are used
for early voting by personal appearance or by mail, the materials
may be delivered to the board beginning on the ninth day before the
last day of [between the end of] the period for early voting by
personal appearance. The early voting clerk shall deliver to the
board all early voting ballots voted by mail that have been returned
to the clerk by the end of the third day before the last day of the
period for early voting by personal appearance, and shall deliver
to the board all early voting ballots voted by mail received
thereafter at least once per day [and the closing of the polls on
election day, or as soon after closing as practicable, at the time
or times specified by the presiding judge of the board].
SECTION 4. Section 87.024(a), Election Code, is amended to
read as follows:
(a) In an election in which early voting votes by personal
appearance are cast on voting machines, the jacket envelopes
containing the early voting ballots voted by mail may be delivered
to the board beginning on the ninth day before the last day of
[between the end of] the period for early voting by personal
appearance. The early voting clerk shall deliver to the board all
early voting ballots voted by mail that have been returned to the
clerk by the end of the third day before the last day of the period
for early voting by personal appearance, and shall deliver to the
board all early voting ballots voted by mail received thereafter at
least once per day [and the closing of the polls on election day, or
as soon after closing as practicable, at a time specified by the
presiding judge of the board].
SECTION 5. Section 87.0241(a), Election Code, is amended to
read as follows:
(a) The early voting ballot board may determine whether to
accept early voting ballots voted by mail in accordance with
Section 87.041 at any time after the ballots are delivered to the
board except that the board shall determine by the end of the last
day of the period for early voting by personal appearance whether to
accept any early voting ballots voted by mail delivered to the board
by the end of the third day before the last day of the period for
early voting by personal appearance.
SECTION 6. Section 87.027(i), Election Code, is amended to
read as follows:
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. The committee may also compare the signatures with any two or
more signatures of the voter made within the preceding six years and
on file with the county clerk or voter registrar to determine
whether the signatures are those of the voter. Except as provided by
Subsection (l), a determination under this subsection that the
signatures are not those of the voter must be made by a majority
vote of the committee's membership. The committee shall place the
jacket envelopes, carrier envelopes, and applications of voters
whose signatures are not those of the voter in separate containers
from those of voters whose signatures are those of the voter. As
soon as practicable, but in no event more than one business day
after the committee discovers that a voter did not sign the carrier
envelope certificate or determines that the signature on the
voter's ballot application or certificate is not that of the voter,
the committee chair shall deliver the jacket envelope, carrier
envelope, and application of the voter to the early voting ballot
board. The committee chair shall deliver the jacket envelopes,
carrier envelopes, and applications of voters whose signatures are
those of the voter [sorted materials] to the early voting ballot
board at the time specified by the board's presiding judge.
SECTION 7. Sections 87.041(b) and (d), Election Code, are
amended to read as follows:
(b) Except as provided by Section 87.0411(h), a [A] ballot
may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) the address to which the ballot was mailed to the
voter, as indicated by the application, was outside the voter's
county of residence, if the ground for early voting is absence from
the county of residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011; and
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003.
(d) Except as provided by Section 87.0411(h), a [A] ballot
shall be rejected if any requirement prescribed by Subsection (b)
is not satisfied. In that case, the board shall indicate the
rejection by entering "rejected" on the carrier envelope and on the
corresponding jacket envelope.
SECTION 8. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0411 to read as follows:
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
BALLOT BOARD. (a) This section applies to an early voting ballot
voted by mail:
(1) for which the voter did not sign the carrier
envelope certificate;
(2) for which it cannot immediately be determined
whether the signature on the carrier envelope certificate is that
of the voter; or
(3) that does not contain a statement of residence
form if required pursuant to Section 86.002(a).
(b) Before deciding whether to accept or reject a ballot
under Section 87.041, the early voting ballot board shall notify a
voter within one business day of the discovery of a defect under
Subsection (a) to advise the voter of the defect and provide the
voter an opportunity to correct the defect by providing:
(1) if the defect involves the voter's signature:
(A) the following identification:
(i) the identification number from an
unexpired driver's license, election identification certificate,
or personal identification card issued to the voter by the
Department of Public Safety;
(ii) the last four digits of the voter's
Social Security number; or
(iii) if the voter does not possess any
identification described by Subparagraph (i) or (ii), a form of
identification described by Section 63.0101; and
(B) a signed cure attestation form prescribed by
the secretary of state stating that the ballot at issue is that of
the voter; or
(2) if the defect involves a required statement of
residence form, a signed and completed statement of residence form.
(c) Subsection (b) does not apply if the early voting ballot
board determines that it would be impossible to correct the defect
before the ninth day after the date of the election.
(d) A voter may submit materials listed under Subsection (b)
to the early voting clerk by:
(1) personal delivery;
(2) mail;
(3) e-mail; or
(4) telephonic facsimile machine, if a machine is
available in the clerk's office.
(e) The notice under Subsection (b) must:
(1) inform the voter that the voter's vote will not be
counted unless the voter submits the materials listed under
Subsection (b) not later than the ninth day after the date of the
election;
(2) instruct the voter on the methods of returning the
materials listed under Subsection (b);
(3) include a copy of the cure attestation form or
statement of residence form prescribed by the secretary of state;
and
(4) direct the voter to the location of the cure
attestation form or statement of residence form on the secretary of
state's Internet website.
(f) The early voting ballot board shall provide notice to
the voter under Subsection (b) by mail and any other method
reasonably calculated to provide sufficient time for the voter to
submit the required materials before the deadline prescribed by
this section.
(g) The early voting ballot board is not required to provide
notice under Subsection (b) if the board makes a determination
under Section 87.027(j) that the signature on the carrier envelope
certificate and ballot application are those of the voter.
(h) If the early voting ballot board does not provide notice
to the voter under Subsection (b) and the ballot meets the
requirements of Sections 87.041(b)(1), (3), (4), (5), (6), and (7),
the board shall accept the ballot in the manner provided by Section
87.042.
(i) The secretary of state shall:
(1) prominently display and maintain on the main page
of the secretary's Internet website a link to blank versions of the
cure attestation form and the statement of residence form described
by Subsection (b); and
(2) adopt rules and prescribe forms as necessary to
implement this section.
(j) The cure attestation form and the statement of residence
form prescribed under this section must include clear instructions
for completion and notice of the penalties associated with election
fraud and voting more than once in an election. The cure attestation
form and statement of residence form may not require the voter to
have the form notarized or signed by a witness.
(k) The signature provided by the voter on a cure
attestation form or a statement of residence form shall be placed on
file with the county clerk or voter registrar to allow its use for
future signature comparison as provided by Section 87.027(i) and
Section 87.041(e).
SECTION 9. Section 87.0222, Election Code, as effective
September 1, 2021, is repealed.
SECTION 10. This Act takes effect on the 91st day after the
last day of the legislative session.