Texas 2021 - 87th 2nd C.S.

Texas House Bill HB220 Compare Versions

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

Old	New	Differences
1	1	By: Bucy H.B. No. 220
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the electronic transmission of a ballot to a voter
7	7	voting early by mail on the ground of absence from the county of
8	8	residence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 84.002(a), Election Code, as effective
11	11	September 1, 2021, is amended to read as follows:
12	12	(a) An early voting ballot application must include:
13	13	(1) the applicant's name and the address at which the
14	14	applicant is registered to vote;
15	15	(2) for an application for a ballot to be voted by mail
16	16	on the ground of absence from the county of residence, the address
17	17	outside the applicant's county of residence to which the ballot is
18	18	to be mailed or an e-mail address for the applicant to which the
19	19	ballot is sent by electronic transmission;
20	20	(3) for an application for a ballot to be voted by mail
21	21	on the ground of age or disability, the address of the hospital,
22	22	nursing home or other long-term care facility, or retirement
23	23	center, or of a person related to the applicant within the second
24	24	degree by affinity or the third degree by consanguinity, as
25	25	determined under Chapter 573, Government Code, if the applicant is
26	26	living at that address and that address is different from the
27	27	address at which the applicant is registered to vote;
28	28	(4) for an application for a ballot to be voted by mail
29	29	on the ground of confinement in jail, the address of the jail or of a
30	30	person related to the applicant within the degree described by
31	31	Subdivision (3);
32	32	(5) for an application for a ballot to be voted by mail
33	33	on any ground, an indication of each election for which the
34	34	applicant is applying for a ballot;
35	35	(6) an indication of the ground of eligibility for
36	36	early voting; and
37	37	(7) for an application for a ballot to be voted by mail
38	38	on the ground of involuntary civil commitment, the address of the
39	39	facility operated by or under contract with the Texas Civil
40	40	Commitment Office or of a person related to the applicant within the
41	41	degree of consanguinity described by Subdivision (3).
42	42	SECTION 2. Section 84.011(a), Election Code, as effective
43	43	September 1, 2021, is amended to read as follows:
44	44	(a) The officially prescribed application form for an early
45	45	voting ballot must include:
46	46	(1) immediately preceding the signature space the
47	47	statement: "I certify that the information given in this
48	48	application is true, and I understand that giving false information
49	49	in this application is a crime.";
50	50	(2) a statement informing the applicant of the
51	51	offenses prescribed by Sections 84.003 and 84.004;
52	52	(3) spaces for entering an applicant's voter
53	53	registration number and county election precinct of registration,
54	54	with a statement informing the applicant that failure to furnish
55	55	that information does not invalidate the application; and
56	56	(4) on an application for a ballot to be voted by mail:
57	57	(A) a space for an applicant applying on the
58	58	ground of absence from the county of residence to:
59	59	(i) indicate the date on or after which the
60	60	applicant can receive mail at the address outside the county; or
61	61	(ii) indicate that the applicant wishes to
62	62	receive the balloting materials by electronic transmission and
63	63	provide an e-mail address;
64	64	(B) a space for indicating the fact that an
65	65	applicant whose application is signed by a witness cannot make the
66	66	applicant's mark and a space for indicating the relationship or
67	67	lack of relationship of the witness to the applicant;
68	68	(C) a space for entering an applicant's telephone
69	69	number, with a statement informing the applicant that failure to
70	70	furnish that information does not invalidate the application;
71	71	(D) a space or box for an applicant applying on
72	72	the ground of age or disability to indicate that the address to
73	73	which the ballot is to be mailed is the address of a facility or
74	74	relative described by Section 84.002(a)(3), if applicable;
75	75	(E) a space or box for an applicant applying on
76	76	the ground of confinement in jail or involuntary civil commitment
77	77	to indicate that the address to which the ballot is to be mailed is
78	78	the address of a relative described by Section 84.002(a)(4) or (7),
79	79	if applicable;
80	80	(F) a space for an applicant applying on the
81	81	ground of age or disability to indicate if the application is an
82	82	application under Section 86.0015;
83	83	(G) spaces for entering the signature, printed
84	84	name, and residence address of any person assisting the applicant;
85	85	(H) a statement informing the applicant of the
86	86	condition prescribed by Section 81.005; and
87	87	(I) a statement informing the applicant of the
88	88	requirement prescribed by Section 86.003(c).
89	89	SECTION 3. Section 86.003(a), Election Code, is amended to
90	90	read as follows:
91	91	(a) Except as provided by Section 86.0031, the [The]
92	92	balloting materials for voting by mail shall be provided to the
93	93	voter by mail. A ballot provided by any other method may not be
94	94	counted.
95	95	SECTION 4. Chapter 86, Election Code, is amended by adding
96	96	Section 86.0031 to read as follows:
97	97	Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING
98	98	BALLOT. (a) A voter voting by mail based on the ground of absence
99	99	from the county of residence may elect to receive the balloting
100	100	materials by electronic transmission on the voter's application for
101	101	an early voting ballot to be voted by mail.
102	102	(b) Balloting materials to be sent by electronic
103	103	transmission under this section include:
104	104	(1) the appropriate ballot;
105	105	(2) ballot instructions, including instructions that
106	106	inform a voter that the ballot must be returned by mail to be
107	107	counted;
108	108	(3) instructions prescribed by the secretary of state
109	109	on how to create a ballot envelope and carrier envelope or signature
110	110	sheet for the ballot; and
111	111	(4) a list of certified write-in candidates, if
112	112	applicable.
113	113	(c) The balloting materials may be provided by e-mail to the
114	114	voter:
115	115	(1) in a portable document format or similar file type
116	116	or through a scanned format; or
117	117	(2) by any other method of electronic transmission
118	118	authorized by the secretary of state in writing.
119	119	(d) An e-mail address used under this section to request
120	120	balloting materials is confidential and does not constitute public
121	121	information for purposes of Chapter 552, Government Code. An early
122	122	voting clerk shall ensure that a voter's e-mail address provided
123	123	under this section is excluded from public disclosure.
124	124	(e) The secretary of state shall prescribe procedures to
125	125	implement this section.
126	126	SECTION 5. Section 86.006, Election Code, is amended by
127	127	amending Subsection (a) and adding Subsection (a-2) to read as
128	128	follows:
129	129	(a) Except as provided by Subsection (a-2), a [A] marked
130	130	ballot voted under this chapter must be returned to the early voting
131	131	clerk in the official carrier envelope. The carrier envelope may be
132	132	delivered in another envelope and must be transported and delivered
133	133	only by:
134	134	(1) mail;
135	135	(2) common or contract carrier; or
136	136	(3) subject to Subsection (a-1), in-person delivery by
137	137	the voter who voted the ballot.
138	138	(a-2) A marked ballot received through electronic
139	139	transmission as provided by Section 86.0031 shall be returned to
140	140	the early voting clerk by mail or common or contract carrier through
141	141	the procedures prescribed by the secretary of state.
142	142	SECTION 6. This Act takes effect on the 91st day after the
143	143	last day of the legislative session.