| 1 | 1 | | By: Toth H.B. No. 37 |
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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 identification of early voting ballots voted by mail by |
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| 7 | 7 | | electronic code. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter C, Chapter 52, Election Code, is |
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| 10 | 10 | | amended by adding Section 52.076 to read as follows: |
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| 11 | 11 | | Sec. 52.076. IDENTIFYING CODE FOR MAIL-IN BALLOTS. (a) |
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| 12 | 12 | | Each early voting ballot voted by mail must include a unique code |
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| 13 | 13 | | readable by an electronic device that may be used to verify the |
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| 14 | 14 | | authenticity of the ballot. |
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| 15 | 15 | | (b) No record associating an individual voter with a code |
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| 16 | 16 | | assigned to a ballot under this section may be created. |
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| 17 | 17 | | (c) The secretary of state by rule shall provide for the |
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| 18 | 18 | | design and distribution of a unique code system in a manner that, |
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| 19 | 19 | | to the greatest extent possible, prevents the unauthorized |
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| 20 | 20 | | reproduction or misuse of mail ballots. |
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| 21 | 21 | | SECTION 2. Section 86.001, Election Code, is amended by |
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| 22 | 22 | | adding Subsection (h) to read as follows: |
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| 23 | 23 | | (h) Before the clerk provides a ballot to an applicant, the |
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| 24 | 24 | | clerk shall identify the unique code included on each ballot with |
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| 25 | 25 | | an electronic device and make a record indicating that a ballot |
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| 26 | 26 | | with the unique code was issued. |
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| 27 | 27 | | SECTION 3. Section 87.062, Election Code, is amended by |
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| 28 | 28 | | adding Subsection (a-1) to read as follows: |
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| 29 | 29 | | (a-1) The early voting ballot board shall identify the |
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| 30 | 30 | | unique code included on each ballot with an electronic device and |
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| 31 | 31 | | compare the code on the ballot to the codes recorded by the early |
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| 32 | 32 | | voting clerk under Section 86.001(h). If the code does not match a |
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| 33 | 33 | | recorded code, the early voting ballot board may not count the |
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| 34 | 34 | | ballot. Ballots not counted under this section shall be placed in an |
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| 35 | 35 | | envelope and treated in the same manner as rejected ballots under |
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| 36 | 36 | | Section 87.043. |
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| 37 | 37 | | SECTION 4. Section 87.103, Election Code, is amended by |
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| 38 | 38 | | adding Subsection (a-1) to read as follows: |
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| 39 | 39 | | (a-1) The unique code included on each ballot must be |
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| 40 | 40 | | identified by an electronic device and if the code on the ballot |
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| 41 | 41 | | does not match a code recorded by the early voting clerk under |
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| 42 | 42 | | Section 86.001(h), the ballot may not be counted. Ballots not |
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| 43 | 43 | | counted under this section shall be placed in an envelope and |
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| 44 | 44 | | treated in the same manner as rejected ballots under Section |
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| 45 | 45 | | 87.043. |
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| 46 | 46 | | SECTION 5. This Act takes effect immediately if it receives |
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| 47 | 47 | | a vote of two-thirds of all the members elected to each house, as |
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| 48 | 48 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 49 | 49 | | Act does not receive the vote necessary for immediate effect, this |
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| 50 | 50 | | Act takes effect on the 91st day after the last day of the |
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| 51 | 51 | | legislative session. |
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