By: Zaffirini S.B. No. 38
A BILL TO BE ENTITLED
AN ACT
relating to an early voting ballot voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.032(c), Election Code, is 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 notice of a defect under Section
87.0271(b) or 87.0411(b).
SECTION 2. Subchapter B, Chapter 87, Election Code, is
amended by adding Section 87.0271 to read as follows:
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
VERIFICATION COMMITTEE. (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;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Not later than the second business day after discovering
a defect described by Subsection (a) and before deciding whether to
accept or reject a timely delivered ballot under Section 87.027,
the signature verification committee shall:
(1) return the carrier envelope to the voter by mail,
if the signature verification committee determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may request to have the
voter's application to vote by mail canceled in the manner
described by Section 84.032 or come to the early voting clerk's
office in person not later than the sixth day after election day to
correct the defect.
(c) If the signature verification committee takes an action
described by Subsection (b), the committee must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
(f) Notwithstanding any other law, a ballot may not be
finally rejected for a reason listed in Section 87.041(b)(1), (2),
or (6) before the seventh day after election day.
SECTION 3. 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;
(3) missing any required statement of residence; or
(4) containing incomplete information with respect to
a witness.
(b) Not later than the second business day after discovering
a defect described by Subsection (a) and before deciding whether to
accept or reject a timely delivered ballot under Section 87.041,
the early voting ballot board shall:
(1) return the carrier envelope to the voter by mail,
if the early voting ballot board determines that it would be
possible to correct the defect and return the carrier envelope
before the time the polls are required to close on election day; or
(2) notify the voter of the defect by telephone or
e-mail and inform the voter that the voter may request to have the
voter's application to vote by mail canceled in the manner
described by Section 84.032 or come to the early voting clerk's
office in person not later than the sixth day after election day to
correct the defect.
(c) If the early voting ballot board takes an action
described by Subsection (b), the board must take either action
described by that subsection with respect to each ballot in the
election to which this section applies.
(d) A poll watcher is entitled to observe an action taken
under Subsection (b).
(e) The secretary of state may prescribe any procedures
necessary to implement this section.
(f) Notwithstanding any other law, a ballot may not be
finally rejected for a reason listed in Section 87.041(b)(1), (2),
or (6) before the seventh day after election day.
SECTION 4. This Act takes effect on the 91st day after the
last day of the legislative session.