88R13336 MPF-F
By: Noble H.B. No. 3449
A BILL TO BE ENTITLED
AN ACT
relating to ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0105 to read as follows:
Sec. 84.0105. PRESERVATION OF SIGNATURE. For a period of at
least six years, the general custodian of election records shall
preserve an image of the voter's signature on the carrier envelope
and early voting ballot application.
SECTION 2. Section 87.021, Election Code, is amended to
read as follows:
Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
BOARD. The early voting clerk shall deliver to the early voting
ballot board:
(1) in an election in which regular paper ballots are
used for early voting by personal appearance, each ballot box, in
accordance with Section 85.032(b), containing the early voting
ballots voted by personal appearance and the clerk's key to each
box;
(2) the jacket envelopes containing the early voting
ballots voted by mail, regardless of the ballot type or voting
system used;
(3) the poll lists prepared in connection with early
voting by personal appearance;
(4) the list of registered voters used in conducting
early voting; [and]
(5) a ballot transmittal form that includes a
statement of the number of early voting ballots voted by mail,
regardless of the ballot type or voting system used, that are
delivered to the early voting ballot board, and in an election in
which regular paper ballots are used for early voting by personal
appearance, the number of names appearing on the poll lists
prepared in connection with early voting by personal appearance;
(6) copies of the applications for ballots to be voted
by mail for each ballot voted by mail received; and
(7) copies of the voter's signature in the possession
of the county clerk or voter registrar from at least the previous
six years.
SECTION 3. Sections 87.027(h) and (i), Election Code, are
amended to read as follows:
(h) If a signature verification committee is appointed for
the election, the early voting clerk shall deliver the jacket
envelopes containing the early voting ballots voted by mail, the
copies of the applications for ballots to be voted by mail, and the
copies of the voter's signature in the possession of the county
clerk or voter registrar from at least the previous six years to the
committee instead of to the early voting ballot board. Deliveries
may be made only during the period of the committee's operation at
times scheduled in advance of delivery by the early voting clerk.
The clerk shall post notice of the time of each delivery. The
notice must remain posted continuously for at least two days before
the date of the delivery.
(i) The signature verification committee shall compare the
signature on each carrier envelope certificate, except those signed
for a voter by a witness, with the signature on the voter's ballot
application to determine whether the signatures are those of the
voter. The committee shall [may] also compare the signatures with
any known signature of the voter on file with the county clerk or
voter registrar to determine whether the signatures are those of
the voter. Except as provided by Subsection (l), a determination
under this subsection that the signatures are not those of the voter
must be made by a majority vote of the committee's membership. The
committee shall place the jacket envelopes, carrier envelopes, and
applications of voters whose signatures are not those of the voter
in separate containers from those of voters whose signatures are
those of the voter. The committee chair shall deliver the sorted
materials to the early voting ballot board at the time specified by
the board's presiding judge.
SECTION 4. Section 87.041, Election Code, is amended by
adding Subsection (b-1) and amending Subsection (e) to read as
follows:
(b-1) If a signature verification committee is not
appointed under Section 87.027, the board must make a determination
as to whether the signatures are those of the voter under Subsection
(b)(2).
(e) In making the determination under Subsection (b)(2), to
determine whether the signatures are those of the voter, the board
shall:
(1) compare the signature on each carrier envelope,
except those signed for a voter by a witness, with the signature on
the voter's ballot application to determine whether the signatures
are those of the voter; and
(2) [may also] compare the signatures with any known
signature of the voter on file with the county clerk or voter
registrar.
SECTION 5. The heading to Section 87.126, Election Code, is
amended to read as follows:
Sec. 87.126. ELECTRONIC RECORDING OF CERTAIN [BALLOT]
MATERIALS USED IN EARLY VOTING BY MAIL [AND APPLICATIONS].
SECTION 6. Section 87.126, Election Code, is amended by
adding Subsection (a-2) and amending Subsection (b) to read as
follows:
(a-2) The early voting clerk shall have software available
to display all electronically available signatures together. The
software must be made available for the first election following an
update of the software the early voting clerk uses under this
section that occurs after September 1, 2023.
(b) The secretary of state may adopt rules providing
requirements for the electronic image quality and storage of the
electronic images of the documents described by this section
[Subsection (a)].
SECTION 7. Section 87.041(d-1), Election Code, is repealed.
SECTION 8. This Act takes effect September 1, 2023.