Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB22 Compare Versions

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

Old	New	Differences
1	1	87S10102 TSS-D
2	2	By: Creighton S.B. No. 22
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to identification requirements for early voting by mail.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 84.001(b), Election Code, is amended to
10	10	read as follows:
11	11	(b) An application must be in writing and signed by the
12	12	applicant using ink on paper. An electronic signature or
13	13	photocopied signature is not permitted.
14	14	SECTION 2. Section 84.002, Election Code, as effective
15	15	September 1, 2021, is amended by amending Subsection (a) and adding
16	16	Subsection (d) to read as follows:
17	17	(a) An early voting ballot application must include:
18	18	(1) the applicant's name and the address at which the
19	19	applicant is registered to vote;
20	20	(1-a) the following information:
21	21	(A) the number of the applicant's driver's
22	22	license or personal identification card issued by the Department of
23	23	Public Safety that has not expired or that expired no earlier than
24	24	four years before the date of application; or
25	25	(B) if the applicant has not been issued a number
26	26	described by Paragraph (A), the last four digits of the applicant's
27	27	social security number;
28	28	(2) for an application for a ballot to be voted by mail
29	29	on the ground of absence from the county of residence, the address
30	30	outside the applicant's county of residence to which the ballot is
31	31	to be mailed;
32	32	(3) for an application for a ballot to be voted by mail
33	33	on the ground of age or disability, the address of the hospital,
34	34	nursing home or other long-term care facility, or retirement
35	35	center, or of a person related to the applicant within the second
36	36	degree by affinity or the third degree by consanguinity, as
37	37	determined under Chapter 573, Government Code, if the applicant is
38	38	living at that address and that address is different from the
39	39	address at which the applicant is registered to vote;
40	40	(4) for an application for a ballot to be voted by mail
41	41	on the ground of confinement in jail, the address of the jail or of a
42	42	person related to the applicant within the degree described by
43	43	Subdivision (3);
44	44	(5) for an application for a ballot to be voted by mail
45	45	on any ground, an indication of each election for which the
46	46	applicant is applying for a ballot;
47	47	(6) an indication of the ground of eligibility for
48	48	early voting; and
49	49	(7) for an application for a ballot to be voted by mail
50	50	on the ground of involuntary civil commitment, the address of the
51	51	facility operated by or under contract with the Texas Civil
52	52	Commitment Office or of a person related to the applicant within the
53	53	degree of consanguinity described by Subdivision (3).
54	54	(d) A person 70 years of age or older may use the number of a
55	55	driver's license or personal identification card that has expired
56	56	for the purpose of fulfilling the requirement under Subsection
57	57	(a)(1-a) if the license or identification is otherwise valid.
58	58	SECTION 3. Section 84.011(a), Election Code, as effective
59	59	September 1, 2021, is amended to read as follows:
60	60	(a) The officially prescribed application form for an early
61	61	voting ballot must include:
62	62	(1) immediately preceding the signature space the
63	63	statement: "I certify that the information given in this
64	64	application is true, and I understand that giving false information
65	65	in this application is a crime.";
66	66	(2) a statement informing the applicant of the
67	67	offenses prescribed by Sections 84.003 and 84.004;
68	68	(3) spaces for entering an applicant's voter
69	69	registration number and county election precinct of registration,
70	70	with a statement informing the applicant that failure to furnish
71	71	that information does not invalidate the application;
72	72	(3-a) a space for entering the information required
73	73	under Section 84.002(a)(1-a); and
74	74	(4) on an application for a ballot to be voted by mail:
75	75	(A) a space for an applicant applying on the
76	76	ground of absence from the county of residence to indicate the date
77	77	on or after which the applicant can receive mail at the address
78	78	outside the county;
79	79	(B) a space for indicating the fact that an
80	80	applicant whose application is signed by a witness cannot make the
81	81	applicant's mark and a space for indicating the relationship or
82	82	lack of relationship of the witness to the applicant;
83	83	(C) a space for entering an applicant's telephone
84	84	number, with a statement informing the applicant that failure to
85	85	furnish that information does not invalidate the application;
86	86	(D) a space or box for an applicant applying on
87	87	the ground of age or disability to indicate that the address to
88	88	which the ballot is to be mailed is the address of a facility or
89	89	relative described by Section 84.002(a)(3), if applicable;
90	90	(E) a space or box for an applicant applying on
91	91	the ground of confinement in jail or involuntary civil commitment
92	92	to indicate that the address to which the ballot is to be mailed is
93	93	the address of a relative described by Section 84.002(a)(4) or (7),
94	94	if applicable;
95	95	(F) a space for an applicant applying on the
96	96	ground of age or disability to indicate if the application is an
97	97	application under Section 86.0015;
98	98	(G) spaces for entering the signature, printed
99	99	name, and residence address of any person assisting the applicant;
100	100	(H) a statement informing the applicant of the
101	101	condition prescribed by Section 81.005; and
102	102	(I) a statement informing the applicant of the
103	103	requirement prescribed by Section 86.003(c).
104	104	SECTION 4. Section 86.001, Election Code, is amended by
105	105	adding Subsection (f) to read as follows:
106	106	(f) If the information required under Section
107	107	84.002(a)(1-a) included on the application does not match the
108	108	information on the applicant's application for voter registration
109	109	under Section 13.002(c)(8), the clerk shall reject the application.
110	110	SECTION 5. Section 86.002, Election Code, is amended by
111	111	adding Subsections (g), (h), and (i) to read as follows:
112	112	(g) The carrier envelope must include a space that is hidden
113	113	from view when the envelope is sealed for the voter to enter the
114	114	following information:
115	115	(1) the number of the voter's driver's license or
116	116	personal identification card issued by the Department of Public
117	117	Safety that has not expired or that expired no earlier than four
118	118	years before the date of presentation; or
119	119	(2) if the voter has not been issued a number described
120	120	by Subdivision (1), the last four digits of the voter's social
121	121	security number.
122	122	(h) A person 70 years of age or older may use the number of a
123	123	driver's license or personal identification card that has expired
124	124	for purposes of Subsection (g) if the license or identification is
125	125	otherwise valid.
126	126	(i) No record associating an individual voter with a ballot
127	127	may be created.
128	128	SECTION 6. Section 87.041(b), Election Code, is amended to
129	129	read as follows:
130	130	(b) A ballot may be accepted only if:
131	131	(1) the carrier envelope certificate is properly
132	132	executed;
133	133	(2) neither the voter's signature on the ballot
134	134	application nor the signature on the carrier envelope certificate
135	135	is determined to have been executed by a person other than the
136	136	voter, unless signed by a witness;
137	137	(3) the voter's ballot application states a legal
138	138	ground for early voting by mail;
139	139	(4) the voter is registered to vote, if registration
140	140	is required by law;
141	141	(5) the address to which the ballot was mailed to the
142	142	voter, as indicated by the application, was outside the voter's
143	143	county of residence, if the ground for early voting is absence from
144	144	the county of residence;
145	145	(6) for a voter to whom a statement of residence form
146	146	was required to be sent under Section 86.002(a), the statement of
147	147	residence is returned in the carrier envelope and indicates that
148	148	the voter satisfies the residence requirements prescribed by
149	149	Section 63.0011; [and]
150	150	(7) the address to which the ballot was mailed to the
151	151	voter is an address that is otherwise required by Sections 84.002
152	152	and 86.003; and
153	153	(8) the information required under Section 86.002(g)
154	154	provided by the voter matches the information on the voter's
155	155	application for voter registration under Section 13.002(c)(8).
156	156	SECTION 7. The changes in law made by this Act apply only to
157	157	an application to vote an early voting ballot by mail submitted on
158	158	or after the effective date of this Act. An application to vote an
159	159	early voting ballot by mail submitted before the effective date of
160	160	this Act is governed by the law in effect when the application was
161	161	submitted, and the former law is continued in effect for that
162	162	purpose.
163	163	SECTION 8. This Act takes effect December 1, 2021.