H.B. No. 3159
AN ACT
relating to the use of an accessible absentee mail system by certain
voters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 81, Election Code, is amended by adding
Sections 81.006 and 81.007 to read as follows:
Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A
person eligible for early voting by mail under Section 82.002 may
receive and cast a ballot using an accessible absentee mail system
approved by the secretary of state under Section 81.007.
(b) An accessible absentee mail system must be an electronic
system, including software, used for the sole purpose of enabling a
voter who has a disability and needs assistive technology for
marking or reading the ballot, to mark the voter's ballot and print
and submit the ballot in the manner required by Chapter 86 for a
ballot marked by the voter.
(c) The secretary of state shall adopt rules and prescribe
procedures for the implementation of this section.
Sec. 81.007. ACCESSIBLE ABSENTEE BALLOT SYSTEM STANDARDS.
(a) An accessible absentee ballot system described by Section
81.006 may not be used in an election unless the system is approved
by the secretary of state in accordance with this section.
(b) The secretary of state shall adopt standards for the
approval of an accessible absentee ballot system. At a minimum, the
standards adopted shall require an accessible absentee ballot
system to:
(1) preserve the secrecy of the ballot;
(2) authenticate the voter prior to delivery of a
ballot using:
(A) all information required under Sections
84.002(a)(1) and (1-a); and
(B) any other information the secretary of state
determines to be necessary for the positive identification of the
person accessing the ballot as the voter;
(3) operate safely, efficiently, and accurately;
(4) be equipped with security measures necessary to
prevent fraudulent or unauthorized manipulation;
(5) secure the screen and audio output of the device on
which the ballot is displayed during voting so that, other than the
voter's own notes, political advertising or a campaign
communication, as those terms are defined by Section 251.001, is
not displayed or audibly available to the voter while the ballot is
being marked;
(6) securely print the voter's marked ballot with a
unique serial number and transmit the ballot to the early voting
clerk without information identifying the voter;
(7) use a method of verification that a ballot was
issued to an eligible voter;
(8) require the voter, prior to accessing the ballot,
to swear or affirm that the voter is the person to whom the ballot is
issued, and affirmatively indicate the statement, "I have a
sickness or physical condition that prevents me from appearing at
the polling place on election day without a likelihood of needing
personal assistance or injuring my health," as prescribed by
Section 82.002(a), is true and correct;
(9) require the voter, after printing the voted
ballot, to:
(A) place the voted ballot in the official ballot
envelope and seal the ballot envelope;
(B) place the ballot envelope in the official
carrier envelope and seal the carrier envelope; and
(C) sign the certificate on the sealed carrier
envelope;
(10) prevent any image or record of a voter's ballot
choices, other than the original ballot printed, from being saved,
printed, transmitted, or stored on the voter's device;
(11) be incapable of transmitting voted ballot images
or records via the Internet; and
(12) be capable of providing records, including
Internet protocol addresses of the devices displaying a voter's
ballot, from which the operation of the accessible absentee ballot
system may be audited.
(c) For the purposes of Subsection (b)(9)(A), a voter's
failure to use the official ballot envelope does not affect the
validity of the ballot and the voter must complete the official
carrier envelope as provided by Section 86.006.
(d) The secretary of state by rule may prescribe additional
standards for accessible absentee ballot systems consistent with
this title. The standards adopted under this subsection may apply
to:
(1) particular kinds of accessible absentee ballot
systems;
(2) particular elements comprising an accessible
absentee ballot system, including operation procedures; or
(3) accessible absentee ballot systems generally.
(e) The secretary of state by rule shall prescribe and
implement, to the extent applicable:
(1) a certification process for approval of an
accessible absentee ballot system using the process prescribed by
Subchapter B, Chapter 122;
(2) a process for approval of modification in design
of approved systems prescribed by Subchapter C, Chapter 122; and
(3) a process for reexamination of approved systems
prescribed by Subchapter D, Chapter 122.
SECTION 2. Section 86.002, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) The early voting clerk shall provide to a voter using
an accessible absentee ballot system under Section 81.006:
(1) the balloting materials required under this
section; and
(2) instructions prescribed by the secretary of state
for accessing the accessible absentee ballot system.
SECTION 3. Section 86.003(a), Election Code, is amended to
read as follows:
(a) The balloting materials for voting by mail shall be
provided to the voter by mail. Except for a ballot voted under
Section 81.006, a [A] ballot provided by any other method may not be
counted.
SECTION 4. Section 86.009, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) The secretary of state by rule shall modify the
procedures required under this section if an accessible absentee
ballot system is used to deliver a ballot to a voter.
SECTION 5. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3159 was passed by the House on May
12, 2023, by the following vote: Yeas 138, Nays 3, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3159 was passed by the Senate on May
24, 2023, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor