88R12143 PRL-D
By: Bucy H.B. No. 2776
A BILL TO BE ENTITLED
AN ACT
relating to early voting by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Election Code, is amended by adding
Section 81.006 to read as follows:
Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A
person eligible for early voting by mail under Section 82.002 or
Section 101.001 as a person described by Section 101.001(2)(A) may
cast a ballot using an accessible absentee mail system,
notwithstanding any other provision of this title.
(b) An accessible absentee mail system must be an electronic
system, including software, used for the sole purpose of enabling
any voter, including a voter who has a disability, to mark the
voter's ballot and print and submit the ballot in the manner
required by law for a ballot marked by the voter.
(c) The secretary of state shall adopt rules and prescribe
procedures for the implementation of this section.
SECTION 2. Subtitle B, Title 7, Election Code, is amended by
adding Chapter 101A to read as follows:
CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING
MATERIALS TO DISABLED VOTERS
Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING
MATERIALS. (a) A person eligible to vote under Section 82.002 may
request from the appropriate early voting clerk e-mail transmission
of balloting materials under this chapter.
(b) The early voting clerk shall grant a request made under
this section for the e-mail transmission of balloting materials if:
(1) the requestor has submitted a valid application
for a ballot to be voted by mail on the ground of disability;
(2) the requestor provides an e-mail address with the
request;
(3) the request is submitted on or before the seventh
day before the date of the election; and
(4) a marked ballot for the election from the
requestor has not been received by the early voting clerk.
Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An
e-mail address used under this chapter to request balloting
materials is confidential and does not constitute public
information for purposes of Chapter 552, Government Code. An early
voting clerk shall ensure that a voter's e-mail address provided
under this chapter is excluded from public disclosure.
Sec. 101A.003. ELECTIONS COVERED. Balloting materials may
be sent by e-mail under this chapter for any election in which the
voter who registers under this chapter is eligible to vote.
Sec. 101A.004. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
Balloting materials to be sent by e-mail under this chapter
include:
(1) the appropriate ballot;
(2) ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
counted;
(3) instructions prescribed by the secretary of state
on how to create a carrier envelope or signature sheet for the
ballot; and
(4) a list of certified write-in candidates, if
applicable.
Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The
balloting materials may be provided by e-mail to the voter in PDF
format, through a scanned format, or by any other method of
electronic transmission authorized by the secretary of state in
writing.
(b) The secretary of state shall prescribe procedures for
the retransmission of balloting materials following an
unsuccessful transmission of the materials to a voter.
Sec. 101A.006. RETURN OF BALLOT. (a) A voter who receives
a ballot under this chapter must return the ballot in the same
manner as required under Section 101.057 except that a voter who
completes a signature sheet is not required to complete a carrier
envelope. Except as provided by Chapter 105, the voter may not
return the ballot by electronic transmission.
(b) A ballot that is not returned as required by Subsection
(a) is considered a ballot not timely returned and is not sent to
the early voting ballot board for processing.
(c) The deadline for the return of a ballot under this
section is the same deadline as provided in Section 86.007.
Sec. 101A.007. RULES. The secretary of state may adopt
rules as necessary to implement this chapter.
SECTION 3. 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
101A 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 4. 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 101A 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 5. The changes in law made by this Act apply only to
an election ordered on or after the effective date of this Act.
SECTION 6. This Act takes effect September 1, 2023.