Texas 2021 - 87th 1st C.S.

Texas Senate Bill SB38 Compare Versions

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

Old	New	Differences
1	1	By: Zaffirini S.B. No. 38
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to an early voting ballot voted by mail.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 84.032(c), Election Code, is amended to
9	9	read as follows:
10	10	(c) An applicant may submit a request after the close of
11	11	early voting by personal appearance by appearing in person and:
12	12	(1) returning the ballot to be voted by mail to the
13	13	early voting clerk; or
14	14	(2) executing an affidavit that the applicant:
15	15	(A) has not received the ballot to be voted by
16	16	mail; [or]
17	17	(B) never requested a ballot to be voted by mail;
18	18	or
19	19	(C) received notice of a defect under Section
20	20	87.0271(b) or 87.0411(b).
21	21	SECTION 2. Subchapter B, Chapter 87, Election Code, is
22	22	amended by adding Section 87.0271 to read as follows:
23	23	Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
24	24	VERIFICATION COMMITTEE. (a) This section applies to an early
25	25	voting ballot voted by mail:
26	26	(1) for which the voter did not sign the carrier
27	27	envelope certificate;
28	28	(2) for which it cannot immediately be determined
29	29	whether the signature on the carrier envelope certificate is that
30	30	of the voter;
31	31	(3) missing any required statement of residence; or
32	32	(4) containing incomplete information with respect to
33	33	a witness.
34	34	(b) Not later than the second business day after discovering
35	35	a defect described by Subsection (a) and before deciding whether to
36	36	accept or reject a timely delivered ballot under Section 87.027,
37	37	the signature verification committee shall:
38	38	(1) return the carrier envelope to the voter by mail,
39	39	if the signature verification committee determines that it would be
40	40	possible to correct the defect and return the carrier envelope
41	41	before the time the polls are required to close on election day; or
42	42	(2) notify the voter of the defect by telephone or
43	43	e-mail and inform the voter that the voter may request to have the
44	44	voter's application to vote by mail canceled in the manner
45	45	described by Section 84.032 or come to the early voting clerk's
46	46	office in person not later than the sixth day after election day to
47	47	correct the defect.
48	48	(c) If the signature verification committee takes an action
49	49	described by Subsection (b), the committee must take either action
50	50	described by that subsection with respect to each ballot in the
51	51	election to which this section applies.
52	52	(d) A poll watcher is entitled to observe an action taken
53	53	under Subsection (b).
54	54	(e) The secretary of state may prescribe any procedures
55	55	necessary to implement this section.
56	56	(f) Notwithstanding any other law, a ballot may not be
57	57	finally rejected for a reason listed in Section 87.041(b)(1), (2),
58	58	or (6) before the seventh day after election day.
59	59	SECTION 3. Subchapter C, Chapter 87, Election Code, is
60	60	amended by adding Section 87.0411 to read as follows:
61	61	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
62	62	BALLOT BOARD. (a) This section applies to an early voting ballot
63	63	voted by mail:
64	64	(1) for which the voter did not sign the carrier
65	65	envelope certificate;
66	66	(2) for which it cannot immediately be determined
67	67	whether the signature on the carrier envelope certificate is that
68	68	of the voter;
69	69	(3) missing any required statement of residence; or
70	70	(4) containing incomplete information with respect to
71	71	a witness.
72	72	(b) Not later than the second business day after discovering
73	73	a defect described by Subsection (a) and before deciding whether to
74	74	accept or reject a timely delivered ballot under Section 87.041,
75	75	the early voting ballot board shall:
76	76	(1) return the carrier envelope to the voter by mail,
77	77	if the early voting ballot board determines that it would be
78	78	possible to correct the defect and return the carrier envelope
79	79	before the time the polls are required to close on election day; or
80	80	(2) notify the voter of the defect by telephone or
81	81	e-mail and inform the voter that the voter may request to have the
82	82	voter's application to vote by mail canceled in the manner
83	83	described by Section 84.032 or come to the early voting clerk's
84	84	office in person not later than the sixth day after election day to
85	85	correct the defect.
86	86	(c) If the early voting ballot board takes an action
87	87	described by Subsection (b), the board must take either action
88	88	described by that subsection with respect to each ballot in the
89	89	election to which this section applies.
90	90	(d) A poll watcher is entitled to observe an action taken
91	91	under Subsection (b).
92	92	(e) The secretary of state may prescribe any procedures
93	93	necessary to implement this section.
94	94	(f) Notwithstanding any other law, a ballot may not be
95	95	finally rejected for a reason listed in Section 87.041(b)(1), (2),
96	96	or (6) before the seventh day after election day.
97	97	SECTION 4. This Act takes effect on the 91st day after the
98	98	last day of the legislative session.