88R3553 PRL-D By: Meza H.B. No. 2379 A BILL TO BE ENTITLED AN ACT relating to the ability of voters with certain disabilities to cast a secret ballot. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 7, Election Code, is amended by adding Chapter 107 to read as follows: CHAPTER 107. ACCESSIBLE VOTING SYSTEMS FOR VOTERS WITH CERTAIN DISABILITIES Sec. 107.001. APPLICABILITY. This chapter applies only to a person who: (1) is eligible to vote by mail under Section 82.002(a)(1); and (2) would be eligible to receive assistance at a polling place under Section 64.031(1). Sec. 107.002. ONLINE ASSISTIVE TOOL. (a) The secretary of state shall develop an online tool that allows a voter described by Section 107.001 to complete an application for a ballot to be voted by mail or mark a ballot online with the use of assistive technology. (b) The online tool developed under this section must allow a voter described by Section 107.001 to complete an application for a ballot to be voted by mail or mark a ballot without personal assistance. (c) A person to whom this chapter applies may: (1) print an application completed under Subsection (a) and submit the voter's application for a ballot to be voted by mail in the same manner as provided by Section 84.007; (2) request e-mail transmission of balloting materials under this chapter from the appropriate early voting clerk; and (3) print marked balloting materials transmitted under Subdivision (2) and submit the voter's balloting materials in the same manner as provided by Section 101.102. Sec. 107.003. RULES. The secretary of state may adopt rules as necessary to implement this chapter. SECTION 2. Section 87.0223(a), Election Code, is amended to read as follows: (a) If the early voting clerk has provided a voter a ballot to be voted by mail by both regular mail and e-mail under Chapter 107 or Subchapter C, Chapter 101, the clerk may not deliver a jacket envelope containing the early voting ballot voted by mail by the voter to the board until: (1) both ballots are returned; or (2) the deadline for returning marked ballots under Section 86.007 has passed. SECTION 3. Section 87.0431(a), Election Code, is amended to read as follows: (a) Not later than the 10th day after election day, the presiding judge of the early voting ballot board shall deliver written notice of the reason for the rejection of a ballot to the voter at the residence address on the ballot application. If the ballot was transmitted to the voter by e-mail under Chapter 107 or Subchapter C, Chapter 101, the presiding judge shall also provide the notice to the e-mail address to which the ballot was sent. SECTION 4. The changes in law made by this Act apply only to an election ordered on or after the effective date of this Act. SECTION 5. This Act takes effect September 1, 2023.