| 1 | 1 | | By: Noble H.B. No. 36 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to ballots voted by mail. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 87.021, Election Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO |
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| 11 | 11 | | BOARD. The early voting clerk shall deliver to the early voting |
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| 12 | 12 | | ballot board: |
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| 13 | 13 | | (1) in an election in which regular paper ballots are |
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| 14 | 14 | | used for early voting by personal appearance, each ballot box, in |
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| 15 | 15 | | accordance with Section 85.032(b), containing the early voting |
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| 16 | 16 | | ballots voted by personal appearance and the clerk's key to each |
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| 17 | 17 | | box; |
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| 18 | 18 | | (2) the jacket envelopes containing the early voting |
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| 19 | 19 | | ballots voted by mail, regardless of the ballot type or voting |
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| 20 | 20 | | system used; |
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| 21 | 21 | | (3) the poll lists prepared in connection with early |
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| 22 | 22 | | voting by personal appearance; |
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| 23 | 23 | | (4) the list of registered voters used in conducting |
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| 24 | 24 | | early voting; [and] |
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| 25 | 25 | | (5) a ballot transmittal form that includes a |
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| 26 | 26 | | statement of the number of early voting ballots voted by mail, |
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| 27 | 27 | | regardless of the ballot type or voting system used, that are |
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| 28 | 28 | | delivered to the early voting ballot board, and in an election in |
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| 29 | 29 | | which regular paper ballots are used for early voting by personal |
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| 30 | 30 | | appearance, the number of names appearing on the poll lists |
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| 31 | 31 | | prepared in connection with early voting by personal appearance; |
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| 32 | 32 | | (6) copies of the applications for ballots to be voted |
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| 33 | 33 | | by mail for each ballot voted by mail received; and |
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| 34 | 34 | | (7) copies of the voter's signature from the voter's |
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| 35 | 35 | | application for voter registration. |
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| 36 | 36 | | SECTION 2. Subchapter C, Chapter 87, Election Code, is |
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| 37 | 37 | | amended by adding Section 87.0405 to read as follows: |
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| 38 | 38 | | Sec. 87.0405. REVIEW OF APPLICATION FOR BALLOT TO BE VOTED |
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| 39 | 39 | | BY MAIL. Before reviewing a carrier envelope certificate, the |
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| 40 | 40 | | early voting ballot board shall review each application for a |
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| 41 | 41 | | ballot to be voted by mail that correlates with the carrier envelope |
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| 42 | 42 | | to determine if the signature on the ballot application was |
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| 43 | 43 | | executed by a person other than the voter, unless the application |
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| 44 | 44 | | was signed by a witness. The early voting clerk shall make |
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| 45 | 45 | | available for review signatures for each applicant for a ballot to |
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| 46 | 46 | | be voted by mail from the previous six years. |
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| 47 | 47 | | SECTION 3. Section 87.126, Election Code, is amended to |
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| 48 | 48 | | read as follows: |
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| 49 | 49 | | Sec. 87.126. ELECTRONIC RECORDING OF CERTAIN [BALLOT] |
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| 50 | 50 | | MATERIALS USED IN EARLY VOTING BY MAIL [AND APPLICATIONS]. (a) The |
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| 51 | 51 | | early voting clerk may electronically record applications for a |
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| 52 | 52 | | ballot to be voted by mail, jacket envelopes, the front and back of |
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| 53 | 53 | | carrier envelopes, and ballots. |
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| 54 | 54 | | (b) The early voting clerk shall have software available to |
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| 55 | 55 | | display all electronically available signatures together. The |
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| 56 | 56 | | software must be made available for the first election following an |
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| 57 | 57 | | update of the software the early voting clerk uses under this |
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| 58 | 58 | | section that occurs after December 31, 2021. |
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| 59 | 59 | | (c) The secretary of state may adopt rules providing |
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| 60 | 60 | | requirements for the electronic image quality and storage of the |
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| 61 | 61 | | electronic images of the documents described by this section |
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| 62 | 62 | | [Subsection (a)]. |
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| 63 | 63 | | SECTION 4. This Act takes effect immediately if it receives |
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| 64 | 64 | | a vote of two-thirds of all the members elected to each house, as |
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| 65 | 65 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 66 | 66 | | Act does not receive the vote necessary for immediate effect, this |
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| 67 | 67 | | Act takes effect on the 91st day after the last day of the |
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| 68 | 68 | | legislative session. |
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