Texas 2023 - 88th Regular

Texas House Bill HB3159 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 3159
2	2
3	3
4	4	AN ACT
5	5	relating to the use of an accessible absentee mail system by certain
6	6	voters.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 81, Election Code, is amended by adding
9	9	Sections 81.006 and 81.007 to read as follows:
10	10	Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A
11	11	person eligible for early voting by mail under Section 82.002 may
12	12	receive and cast a ballot using an accessible absentee mail system
13	13	approved by the secretary of state under Section 81.007.
14	14	(b) An accessible absentee mail system must be an electronic
15	15	system, including software, used for the sole purpose of enabling a
16	16	voter who has a disability and needs assistive technology for
17	17	marking or reading the ballot, to mark the voter's ballot and print
18	18	and submit the ballot in the manner required by Chapter 86 for a
19	19	ballot marked by the voter.
20	20	(c) The secretary of state shall adopt rules and prescribe
21	21	procedures for the implementation of this section.
22	22	Sec. 81.007. ACCESSIBLE ABSENTEE BALLOT SYSTEM STANDARDS.
23	23	(a) An accessible absentee ballot system described by Section
24	24	81.006 may not be used in an election unless the system is approved
25	25	by the secretary of state in accordance with this section.
26	26	(b) The secretary of state shall adopt standards for the
27	27	approval of an accessible absentee ballot system. At a minimum, the
28	28	standards adopted shall require an accessible absentee ballot
29	29	system to:
30	30	(1) preserve the secrecy of the ballot;
31	31	(2) authenticate the voter prior to delivery of a
32	32	ballot using:
33	33	(A) all information required under Sections
34	34	84.002(a)(1) and (1-a); and
35	35	(B) any other information the secretary of state
36	36	determines to be necessary for the positive identification of the
37	37	person accessing the ballot as the voter;
38	38	(3) operate safely, efficiently, and accurately;
39	39	(4) be equipped with security measures necessary to
40	40	prevent fraudulent or unauthorized manipulation;
41	41	(5) secure the screen and audio output of the device on
42	42	which the ballot is displayed during voting so that, other than the
43	43	voter's own notes, political advertising or a campaign
44	44	communication, as those terms are defined by Section 251.001, is
45	45	not displayed or audibly available to the voter while the ballot is
46	46	being marked;
47	47	(6) securely print the voter's marked ballot with a
48	48	unique serial number and transmit the ballot to the early voting
49	49	clerk without information identifying the voter;
50	50	(7) use a method of verification that a ballot was
51	51	issued to an eligible voter;
52	52	(8) require the voter, prior to accessing the ballot,
53	53	to swear or affirm that the voter is the person to whom the ballot is
54	54	issued, and affirmatively indicate the statement, "I have a
55	55	sickness or physical condition that prevents me from appearing at
56	56	the polling place on election day without a likelihood of needing
57	57	personal assistance or injuring my health," as prescribed by
58	58	Section 82.002(a), is true and correct;
59	59	(9) require the voter, after printing the voted
60	60	ballot, to:
61	61	(A) place the voted ballot in the official ballot
62	62	envelope and seal the ballot envelope;
63	63	(B) place the ballot envelope in the official
64	64	carrier envelope and seal the carrier envelope; and
65	65	(C) sign the certificate on the sealed carrier
66	66	envelope;
67	67	(10) prevent any image or record of a voter's ballot
68	68	choices, other than the original ballot printed, from being saved,
69	69	printed, transmitted, or stored on the voter's device;
70	70	(11) be incapable of transmitting voted ballot images
71	71	or records via the Internet; and
72	72	(12) be capable of providing records, including
73	73	Internet protocol addresses of the devices displaying a voter's
74	74	ballot, from which the operation of the accessible absentee ballot
75	75	system may be audited.
76	76	(c) For the purposes of Subsection (b)(9)(A), a voter's
77	77	failure to use the official ballot envelope does not affect the
78	78	validity of the ballot and the voter must complete the official
79	79	carrier envelope as provided by Section 86.006.
80	80	(d) The secretary of state by rule may prescribe additional
81	81	standards for accessible absentee ballot systems consistent with
82	82	this title. The standards adopted under this subsection may apply
83	83	to:
84	84	(1) particular kinds of accessible absentee ballot
85	85	systems;
86	86	(2) particular elements comprising an accessible
87	87	absentee ballot system, including operation procedures; or
88	88	(3) accessible absentee ballot systems generally.
89	89	(e) The secretary of state by rule shall prescribe and
90	90	implement, to the extent applicable:
91	91	(1) a certification process for approval of an
92	92	accessible absentee ballot system using the process prescribed by
93	93	Subchapter B, Chapter 122;
94	94	(2) a process for approval of modification in design
95	95	of approved systems prescribed by Subchapter C, Chapter 122; and
96	96	(3) a process for reexamination of approved systems
97	97	prescribed by Subchapter D, Chapter 122.
98	98	SECTION 2. Section 86.002, Election Code, is amended by
99	99	adding Subsection (a-1) to read as follows:
100	100	(a-1) The early voting clerk shall provide to a voter using
101	101	an accessible absentee ballot system under Section 81.006:
102	102	(1) the balloting materials required under this
103	103	section; and
104	104	(2) instructions prescribed by the secretary of state
105	105	for accessing the accessible absentee ballot system.
106	106	SECTION 3. Section 86.003(a), Election Code, is amended to
107	107	read as follows:
108	108	(a) The balloting materials for voting by mail shall be
109	109	provided to the voter by mail. Except for a ballot voted under
110	110	Section 81.006, a [A] ballot provided by any other method may not be
111	111	counted.
112	112	SECTION 4. Section 86.009, Election Code, is amended by
113	113	adding Subsection (g) to read as follows:
114	114	(g) The secretary of state by rule shall modify the
115	115	procedures required under this section if an accessible absentee
116	116	ballot system is used to deliver a ballot to a voter.
117	117	SECTION 5. This Act takes effect September 1, 2023.
118	118	______________________________ ______________________________
119	119	President of the Senate Speaker of the House
120	120	I certify that H.B. No. 3159 was passed by the House on May
121	121	12, 2023, by the following vote: Yeas 138, Nays 3, 2 present, not
122	122	voting.
123	123	______________________________
124	124	Chief Clerk of the House
125	125	I certify that H.B. No. 3159 was passed by the Senate on May
126	126	24, 2023, by the following vote: Yeas 30, Nays 1.
127	127	______________________________
128	128	Secretary of the Senate
129	129	APPROVED: _____________________
130	130	Date
131	131	_____________________
132	132	Governor