| 1 | 1 | | By: Zwiener H.B. No. 2430 |
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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 the ability of a volunteer deputy registrar to |
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| 7 | 7 | | distribute and receive applications for a ballot to be voted by |
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| 8 | 8 | | mail. |
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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. Section 13.038, Election Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy |
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| 13 | 13 | | registrar may distribute voter registration application forms |
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| 14 | 14 | | throughout the county and receive registration applications |
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| 15 | 15 | | submitted to the deputy in person. |
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| 16 | 16 | | (b) A volunteer deputy registrar may distribute application |
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| 17 | 17 | | forms for a ballot to be voted by mail throughout the county and |
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| 18 | 18 | | receive applications for a ballot to be voted by mail submitted to |
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| 19 | 19 | | the deputy in person as provided by Subchapter C, Chapter 84. |
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| 20 | 20 | | SECTION 2. Section 84.007(b), Election Code, is amended to |
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| 21 | 21 | | read as follows: |
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| 22 | 22 | | (b) An application must be submitted to the early voting |
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| 23 | 23 | | clerk by: |
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| 24 | 24 | | (1) mail; |
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| 25 | 25 | | (2) common or contract carrier; |
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| 26 | 26 | | (2-a) a volunteer deputy registrar, subsequent to a |
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| 27 | 27 | | delivery made to the volunteer deputy registrar under Subchapter C; |
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| 28 | 28 | | (3) subject to Subsection (b-1), telephonic facsimile |
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| 29 | 29 | | machine, if a machine is available in the clerk's officer; or |
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| 30 | 30 | | (4) subject to Subsection (b-1), electronic |
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| 31 | 31 | | transmission of a scanned application containing an original |
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| 32 | 32 | | signature. |
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| 33 | 33 | | SECTION 3. Chapter 84, Election Code, is amended by adding |
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| 34 | 34 | | Subchapter C to read as follows: |
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| 35 | 35 | | SUBCHAPTER C. VOLUNTEER DEPUTY REGISTRARS |
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| 36 | 36 | | Sec. 84.051. APPLICATION FORMS FURNISHED BY VOLUNTEER |
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| 37 | 37 | | DEPUTY REGISTRAR. (a) A volunteer deputy registrar may maintain a |
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| 38 | 38 | | supply of official application forms for a ballot to be voted by |
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| 39 | 39 | | mail and shall furnish the forms to voters throughout the county in |
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| 40 | 40 | | a manner consistent with law. |
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| 41 | 41 | | (b) A voter may submit an application for a ballot to be |
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| 42 | 42 | | voted by mail by delivering the application to a volunteer deputy |
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| 43 | 43 | | registrar. |
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| 44 | 44 | | (c) To the extent practicable, the procedure under this |
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| 45 | 45 | | section for distributing applications for a ballot to be vote by |
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| 46 | 46 | | mail and delivering applications shall be the same as the procedure |
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| 47 | 47 | | for delivering a registration application under Subchapter B, |
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| 48 | 48 | | Chapter 13. |
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| 49 | 49 | | Sec. 84.052. DELIVERY OF APPLICATION TO EARLY VOTING CLERK. |
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| 50 | 50 | | (a) A volunteer deputy registrar shall deliver in person, or by |
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| 51 | 51 | | personal delivery through another designated volunteer deputy, to |
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| 52 | 52 | | the early voting clerk each completed application for a ballot to be |
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| 53 | 53 | | voted by mail submitted to the deputy, as provided by this section. |
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| 54 | 54 | | The secretary of state shall prescribe any procedures necessary to |
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| 55 | 55 | | ensure the proper and timely delivery of completed applications |
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| 56 | 56 | | that are not delivered in person by the volunteer deputy who |
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| 57 | 57 | | receives them. |
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| 58 | 58 | | (b) Except as provided by Subsection (c), an application |
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| 59 | 59 | | shall be delivered to the early voting clerk not later than 5 p.m. |
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| 60 | 60 | | of the fifth day after the date the application is submitted to the |
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| 61 | 61 | | volunteer deputy registrar. |
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| 62 | 62 | | (c) An application submitted after the 15th day before the |
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| 63 | 63 | | date of an election and on or before the last day for a person to |
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| 64 | 64 | | timely submit an application for a ballot to be voted by mail for |
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| 65 | 65 | | that election as provided by Section 84.007 shall be delivered to |
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| 66 | 66 | | the early voting clerk not later than 5 p.m. of the next regular |
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| 67 | 67 | | business day after the date to timely submit an application for a |
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| 68 | 68 | | ballot to be voted by mail for that election as provided by Section |
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| 69 | 69 | | 13.143. |
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| 70 | 70 | | Sec. 84.053. FAILURE TO DELIVER APPLICATION. (a) A |
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| 71 | 71 | | volunteer deputy registrar commits an offense if the deputy fails |
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| 72 | 72 | | to comply with Section 84.052. |
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| 73 | 73 | | (b) Except as provided by Subsection (c), an offense under |
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| 74 | 74 | | this section is a Class C misdemeanor. |
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| 75 | 75 | | (c) An offense under this section is a Class A misdemeanor |
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| 76 | 76 | | if the deputy's failure to comply is intentional. |
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| 77 | 77 | | SECTION 4. This Act takes effect September 1, 2023. |
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