By: Noble H.B. No. 21
A BILL TO BE ENTITLED
AN ACT
relating to the requirement that a ballot to be voted by mail be
canceled and returned before voting in person.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.031, Election Code, is amended by
amending Subsection (b) and adding Subsection (c) to read as
follows:
(b) A person whose application is canceled by returning the
person's ballot in accordance with Section 84.032, if otherwise
eligible, may vote in the same manner as if the application had not
been submitted.
(c) A person whose application is canceled in any other
manner may cast a provisional ballot under Section 63.011.
SECTION 2. Section 84.032, Election Code, is amended by
adding Subsections (g), (h), and (i) to read as follows:
(g) The early voting clerk shall deliver each request for
cancellation to the early voting ballot board to ensure a canceled
ballot is not counted.
(h) The early voting clerk and presiding election judge
shall keep a log of each ballot returned and shall provide a copy of
the log to the early voting ballot board to ensure that the canceled
ballot is not counted in the election. Returned ballots must be
kept in a secure container with a chain of custody maintained by the
early voting clerk.
(i) The log under Subsection (h) shall include for each
entry:
(1) the voter's name;
(2) an identification number unique to the voter;
(3) the voter's signature; and
(4) the date and time the application was returned.
SECTION 3. Section 84.033, Election Code, is amended by
adding Subsection (e) to read as follows:
(e) The election officer shall electronically submit a
record to the secretary of state of each application canceled in a
primary, a runoff primary, a general election, or any special
election ordered by the governor on the day the application is
canceled.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.