Texas 2023 - 88th Regular

Texas House Bill HB3449 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R26125 MPF-F
2	2	By: Noble H.B. No. 3449
3	3	Substitute the following for H.B. No. 3449:
4	4	By: Smith C.S.H.B. No. 3449
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to ballots voted by mail.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 84, Election Code, is
12	12	amended by adding Section 84.0105 to read as follows:
13	13	Sec. 84.0105. PRESERVATION OF SIGNATURE. For a period of at
14	14	least six years, the general custodian of election records shall
15	15	preserve an image of the voter's signature on the carrier envelope
16	16	and early voting ballot application.
17	17	SECTION 2. Section 87.021, Election Code, is amended to
18	18	read as follows:
19	19	Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO
20	20	BOARD. The early voting clerk shall deliver to the early voting
21	21	ballot board:
22	22	(1) in an election in which regular paper ballots are
23	23	used for early voting by personal appearance, each ballot box, in
24	24	accordance with Section 85.032(b), containing the early voting
25	25	ballots voted by personal appearance and the clerk's key to each
26	26	box;
27	27	(2) the jacket envelopes containing the early voting
28	28	ballots voted by mail, regardless of the ballot type or voting
29	29	system used;
30	30	(3) the poll lists prepared in connection with early
31	31	voting by personal appearance;
32	32	(4) the list of registered voters used in conducting
33	33	early voting; [and]
34	34	(5) a ballot transmittal form that includes a
35	35	statement of the number of early voting ballots voted by mail,
36	36	regardless of the ballot type or voting system used, that are
37	37	delivered to the early voting ballot board, and in an election in
38	38	which regular paper ballots are used for early voting by personal
39	39	appearance, the number of names appearing on the poll lists
40	40	prepared in connection with early voting by personal appearance;
41	41	(6) copies of the applications for ballots to be voted
42	42	by mail for each ballot voted by mail received; and
43	43	(7) copies of the voter's signature in the county's
44	44	election records and in the possession of the county clerk or voter
45	45	registrar from at least the previous six years.
46	46	SECTION 3. Sections 87.027(h) and (i), Election Code, are
47	47	amended to read as follows:
48	48	(h) If a signature verification committee is appointed for
49	49	the election, the early voting clerk shall deliver the jacket
50	50	envelopes containing the early voting ballots voted by mail, the
51	51	copies of the applications for ballots to be voted by mail, and the
52	52	copies of the voter's signature in the county's election records and
53	53	in the possession of the county clerk or voter registrar from at
54	54	least the previous six years to the committee instead of to the
55	55	early voting ballot board. Deliveries may be made only during the
56	56	period of the committee's operation at times scheduled in advance
57	57	of delivery by the early voting clerk. The clerk shall post notice
58	58	of the time of each delivery. The notice must remain posted
59	59	continuously for at least two days before the date of the delivery.
60	60	(i) The signature verification committee shall compare the
61	61	signature on each carrier envelope certificate, except those signed
62	62	for a voter by a witness, with the signature on the voter's ballot
63	63	application to determine whether the signatures are those of the
64	64	voter. The committee shall [may] also compare the signatures with
65	65	any known signature of the voter in the county's election records
66	66	and on file with the county clerk or voter registrar to determine
67	67	whether the signatures are those of the voter. Except as provided
68	68	by Subsection (l), a determination under this subsection that the
69	69	signatures are not those of the voter must be made by a majority
70	70	vote of the committee's membership. The committee shall place the
71	71	jacket envelopes, carrier envelopes, and applications of voters
72	72	whose signatures are not those of the voter in separate containers
73	73	from those of voters whose signatures are those of the voter. The
74	74	committee chair shall deliver the sorted materials to the early
75	75	voting ballot board at the time specified by the board's presiding
76	76	judge.
77	77	SECTION 4. Section 87.041, Election Code, is amended by
78	78	adding Subsection (b-1) and amending Subsection (e) to read as
79	79	follows:
80	80	(b-1) If a signature verification committee is not
81	81	appointed under Section 87.027, the board must make a determination
82	82	as to whether the signatures are those of the voter under Subsection
83	83	(b)(2).
84	84	(e) In making the determination under Subsection (b)(2), to
85	85	determine whether the signatures are those of the voter, the board
86	86	shall:
87	87	(1) compare the signature on each carrier envelope,
88	88	except those signed for a voter by a witness, with the signature on
89	89	the voter's ballot application to determine whether the signatures
90	90	are those of the voter; and
91	91	(2) [may also] compare the signatures with any known
92	92	signature of the voter on file with the county clerk or voter
93	93	registrar.
94	94	SECTION 5. The heading to Section 87.126, Election Code, is
95	95	amended to read as follows:
96	96	Sec. 87.126. ELECTRONIC RECORDING OF CERTAIN [BALLOT]
97	97	MATERIALS USED IN EARLY VOTING BY MAIL [AND APPLICATIONS].
98	98	SECTION 6. Section 87.126, Election Code, is amended by
99	99	adding Subsection (a-2) and amending Subsection (b) to read as
100	100	follows:
101	101	(a-2) The early voting clerk shall have software available
102	102	to display all electronically available signatures in the county's
103	103	election records. The software must be made available for the first
104	104	election following an update of the software the early voting clerk
105	105	uses under this section that occurs after September 1, 2023.
106	106	(b) The secretary of state may adopt rules providing
107	107	requirements for the electronic image quality and storage of the
108	108	electronic images of the documents described by this section
109	109	[Subsection (a)].
110	110	SECTION 7. Section 87.041(d-1), Election Code, is repealed.
111	111	SECTION 8. This Act takes effect September 1, 2023.