88R26125 MPF-F
By: Noble H.B. No. 3449
Substitute the following for H.B. No. 3449:
By: Smith C.S.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 county's
election records and 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 county's election records and
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 in the county's election records
and 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 in the county's
election records. 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.