| 1 | 1 | | 88R3553 PRL-D |
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| 2 | 2 | | By: Meza H.B. No. 2379 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the ability of voters with certain disabilities to cast |
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| 8 | 8 | | a secret ballot. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subtitle B, Title 7, Election Code, is amended by |
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| 11 | 11 | | adding Chapter 107 to read as follows: |
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| 12 | 12 | | CHAPTER 107. ACCESSIBLE VOTING SYSTEMS FOR VOTERS WITH CERTAIN |
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| 13 | 13 | | DISABILITIES |
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| 14 | 14 | | Sec. 107.001. APPLICABILITY. This chapter applies only to |
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| 15 | 15 | | a person who: |
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| 16 | 16 | | (1) is eligible to vote by mail under Section |
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| 17 | 17 | | 82.002(a)(1); and |
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| 18 | 18 | | (2) would be eligible to receive assistance at a |
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| 19 | 19 | | polling place under Section 64.031(1). |
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| 20 | 20 | | Sec. 107.002. ONLINE ASSISTIVE TOOL. (a) The secretary of |
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| 21 | 21 | | state shall develop an online tool that allows a voter described by |
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| 22 | 22 | | Section 107.001 to complete an application for a ballot to be voted |
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| 23 | 23 | | by mail or mark a ballot online with the use of assistive |
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| 24 | 24 | | technology. |
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| 25 | 25 | | (b) The online tool developed under this section must allow |
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| 26 | 26 | | a voter described by Section 107.001 to complete an application for |
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| 27 | 27 | | a ballot to be voted by mail or mark a ballot without personal |
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| 28 | 28 | | assistance. |
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| 29 | 29 | | (c) A person to whom this chapter applies may: |
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| 30 | 30 | | (1) print an application completed under Subsection |
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| 31 | 31 | | (a) and submit the voter's application for a ballot to be voted by |
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| 32 | 32 | | mail in the same manner as provided by Section 84.007; |
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| 33 | 33 | | (2) request e-mail transmission of balloting |
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| 34 | 34 | | materials under this chapter from the appropriate early voting |
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| 35 | 35 | | clerk; and |
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| 36 | 36 | | (3) print marked balloting materials transmitted |
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| 37 | 37 | | under Subdivision (2) and submit the voter's balloting materials in |
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| 38 | 38 | | the same manner as provided by Section 101.102. |
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| 39 | 39 | | Sec. 107.003. RULES. The secretary of state may adopt rules |
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| 40 | 40 | | as necessary to implement this chapter. |
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| 41 | 41 | | SECTION 2. Section 87.0223(a), Election Code, is amended to |
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| 42 | 42 | | read as follows: |
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| 43 | 43 | | (a) If the early voting clerk has provided a voter a ballot |
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| 44 | 44 | | to be voted by mail by both regular mail and e-mail under Chapter |
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| 45 | 45 | | 107 or Subchapter C, Chapter 101, the clerk may not deliver a jacket |
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| 46 | 46 | | envelope containing the early voting ballot voted by mail by the |
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| 47 | 47 | | voter to the board until: |
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| 48 | 48 | | (1) both ballots are returned; or |
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| 49 | 49 | | (2) the deadline for returning marked ballots under |
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| 50 | 50 | | Section 86.007 has passed. |
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| 51 | 51 | | SECTION 3. Section 87.0431(a), Election Code, is amended to |
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| 52 | 52 | | read as follows: |
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| 53 | 53 | | (a) Not later than the 10th day after election day, the |
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| 54 | 54 | | presiding judge of the early voting ballot board shall deliver |
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| 55 | 55 | | written notice of the reason for the rejection of a ballot to the |
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| 56 | 56 | | voter at the residence address on the ballot application. If the |
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| 57 | 57 | | ballot was transmitted to the voter by e-mail under Chapter 107 or |
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| 58 | 58 | | Subchapter C, Chapter 101, the presiding judge shall also provide |
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| 59 | 59 | | the notice to the e-mail address to which the ballot was sent. |
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| 60 | 60 | | SECTION 4. The changes in law made by this Act apply only to |
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| 61 | 61 | | an election ordered on or after the effective date of this Act. |
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| 62 | 62 | | SECTION 5. This Act takes effect September 1, 2023. |
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