Texas 2023 - 88th Regular

Texas House Bill HB2776 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R12143 PRL-D
2	2	By: Bucy H.B. No. 2776
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to early voting by mail.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Chapter 81, Election Code, is amended by adding
10	10	Section 81.006 to read as follows:
11	11	Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A
12	12	person eligible for early voting by mail under Section 82.002 or
13	13	Section 101.001 as a person described by Section 101.001(2)(A) may
14	14	cast a ballot using an accessible absentee mail system,
15	15	notwithstanding any other provision of this title.
16	16	(b) An accessible absentee mail system must be an electronic
17	17	system, including software, used for the sole purpose of enabling
18	18	any voter, including a voter who has a disability, to mark the
19	19	voter's ballot and print and submit the ballot in the manner
20	20	required by law for a ballot marked by the voter.
21	21	(c) The secretary of state shall adopt rules and prescribe
22	22	procedures for the implementation of this section.
23	23	SECTION 2. Subtitle B, Title 7, Election Code, is amended by
24	24	adding Chapter 101A to read as follows:
25	25	CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING
26	26	MATERIALS TO DISABLED VOTERS
27	27	Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING
28	28	MATERIALS. (a) A person eligible to vote under Section 82.002 may
29	29	request from the appropriate early voting clerk e-mail transmission
30	30	of balloting materials under this chapter.
31	31	(b) The early voting clerk shall grant a request made under
32	32	this section for the e-mail transmission of balloting materials if:
33	33	(1) the requestor has submitted a valid application
34	34	for a ballot to be voted by mail on the ground of disability;
35	35	(2) the requestor provides an e-mail address with the
36	36	request;
37	37	(3) the request is submitted on or before the seventh
38	38	day before the date of the election; and
39	39	(4) a marked ballot for the election from the
40	40	requestor has not been received by the early voting clerk.
41	41	Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An
42	42	e-mail address used under this chapter to request balloting
43	43	materials is confidential and does not constitute public
44	44	information for purposes of Chapter 552, Government Code. An early
45	45	voting clerk shall ensure that a voter's e-mail address provided
46	46	under this chapter is excluded from public disclosure.
47	47	Sec. 101A.003. ELECTIONS COVERED. Balloting materials may
48	48	be sent by e-mail under this chapter for any election in which the
49	49	voter who registers under this chapter is eligible to vote.
50	50	Sec. 101A.004. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
51	51	Balloting materials to be sent by e-mail under this chapter
52	52	include:
53	53	(1) the appropriate ballot;
54	54	(2) ballot instructions, including instructions that
55	55	inform a voter that the ballot must be returned by mail to be
56	56	counted;
57	57	(3) instructions prescribed by the secretary of state
58	58	on how to create a carrier envelope or signature sheet for the
59	59	ballot; and
60	60	(4) a list of certified write-in candidates, if
61	61	applicable.
62	62	Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The
63	63	balloting materials may be provided by e-mail to the voter in PDF
64	64	format, through a scanned format, or by any other method of
65	65	electronic transmission authorized by the secretary of state in
66	66	writing.
67	67	(b) The secretary of state shall prescribe procedures for
68	68	the retransmission of balloting materials following an
69	69	unsuccessful transmission of the materials to a voter.
70	70	Sec. 101A.006. RETURN OF BALLOT. (a) A voter who receives
71	71	a ballot under this chapter must return the ballot in the same
72	72	manner as required under Section 101.057 except that a voter who
73	73	completes a signature sheet is not required to complete a carrier
74	74	envelope. Except as provided by Chapter 105, the voter may not
75	75	return the ballot by electronic transmission.
76	76	(b) A ballot that is not returned as required by Subsection
77	77	(a) is considered a ballot not timely returned and is not sent to
78	78	the early voting ballot board for processing.
79	79	(c) The deadline for the return of a ballot under this
80	80	section is the same deadline as provided in Section 86.007.
81	81	Sec. 101A.007. RULES. The secretary of state may adopt
82	82	rules as necessary to implement this chapter.
83	83	SECTION 3. Section 87.0223(a), Election Code, is amended to
84	84	read as follows:
85	85	(a) If the early voting clerk has provided a voter a ballot
86	86	to be voted by mail by both regular mail and e-mail under Chapter
87	87	101A or Subchapter C, Chapter 101, the clerk may not deliver a
88	88	jacket envelope containing the early voting ballot voted by mail by
89	89	the voter to the board until:
90	90	(1) both ballots are returned; or
91	91	(2) the deadline for returning marked ballots under
92	92	Section 86.007 has passed.
93	93	SECTION 4. Section 87.0431(a), Election Code, is amended to
94	94	read as follows:
95	95	(a) Not later than the 10th day after election day, the
96	96	presiding judge of the early voting ballot board shall deliver
97	97	written notice of the reason for the rejection of a ballot to the
98	98	voter at the residence address on the ballot application. If the
99	99	ballot was transmitted to the voter by e-mail under Chapter 101A or
100	100	Subchapter C, Chapter 101, the presiding judge shall also provide
101	101	the notice to the e-mail address to which the ballot was sent.
102	102	SECTION 5. The changes in law made by this Act apply only to
103	103	an election ordered on or after the effective date of this Act.
104	104	SECTION 6. This Act takes effect September 1, 2023.