By: Noble H.B. No. 36
A BILL TO BE ENTITLED
AN ACT
relating to ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.021, Election Code, is amended to
read as follows:
Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
BOARD. The early voting clerk shall deliver to the early voting
ballot board:
(1) in an election in which regular paper ballots are
used for early voting by personal appearance, each ballot box, in
accordance with Section 85.032(b), containing the early voting
ballots voted by personal appearance and the clerk's key to each
box;
(2) the jacket envelopes containing the early voting
ballots voted by mail, regardless of the ballot type or voting
system used;
(3) the poll lists prepared in connection with early
voting by personal appearance;
(4) the list of registered voters used in conducting
early voting; [and]
(5) a ballot transmittal form that includes a
statement of the number of early voting ballots voted by mail,
regardless of the ballot type or voting system used, that are
delivered to the early voting ballot board, and in an election in
which regular paper ballots are used for early voting by personal
appearance, the number of names appearing on the poll lists
prepared in connection with early voting by personal appearance;
(6) copies of the applications for ballots to be voted
by mail for each ballot voted by mail received; and
(7) copies of the voter's signature from the voter's
application for voter registration.
SECTION 2. Subchapter C, Chapter 87, Election Code, is
amended by adding Section 87.0405 to read as follows:
Sec. 87.0405. REVIEW OF APPLICATION FOR BALLOT TO BE VOTED
BY MAIL. Before reviewing a carrier envelope certificate, the
early voting ballot board shall review each application for a
ballot to be voted by mail that correlates with the carrier envelope
to determine if the signature on the ballot application was
executed by a person other than the voter, unless the application
was signed by a witness. The early voting clerk shall make
available for review signatures for each applicant for a ballot to
be voted by mail from the previous six years.
SECTION 3. Section 87.126, Election Code, is amended to
read as follows:
Sec. 87.126. ELECTRONIC RECORDING OF CERTAIN [BALLOT]
MATERIALS USED IN EARLY VOTING BY MAIL [AND APPLICATIONS]. (a) The
early voting clerk may electronically record applications for a
ballot to be voted by mail, jacket envelopes, the front and back of
carrier envelopes, and ballots.
(b) The early voting clerk shall have software available to
display all electronically available signatures together. The
software must be made available for the first election following an
update of the software the early voting clerk uses under this
section that occurs after December 31, 2021.
(c) The secretary of state may adopt rules providing
requirements for the electronic image quality and storage of the
electronic images of the documents described by this section
[Subsection (a)].
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.