Texas 2023 - 88th Regular

Texas House Bill HB3748 Compare Versions

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1	1	88R4282 MLH-F
2	2	By: Bucy H.B. No. 3748
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to ensuring access to the right to vote by all eligible
8	8	voters.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	ARTICLE 1. REGISTRATION OF VOTERS
11	11	SECTION 1.01. Section 11.002(a), Election Code, is amended
12	12	to read as follows:
13	13	(a) In this code, "qualified voter" means a person who:
14	14	(1) is 18 years of age or older;
15	15	(2) is a United States citizen;
16	16	(3) has not been determined by a final judgment of a
17	17	court exercising probate jurisdiction to be:
18	18	(A) totally mentally incapacitated; or
19	19	(B) partially mentally incapacitated without the
20	20	right to vote;
21	21	(4) has not been finally convicted of a felony or, if
22	22	so convicted, is not currently incarcerated for that offense [has:
23	23	[(A) fully discharged the person's sentence,
24	24	including any term of incarceration, parole, or supervision, or
25	25	completed a period of probation ordered by any court; or
26	26	[(B) been pardoned or otherwise released from the
27	27	resulting disability to vote];
28	28	(5) is a resident of this state; and
29	29	(6) is a registered voter.
30	30	SECTION 1.02. Subchapter A, Chapter 12, Election Code, is
31	31	amended by adding Section 12.007 to read as follows:
32	32	Sec. 12.007. CERTAIN ELECTION OFFICERS ARE VOTER
33	33	REGISTRARS. The registrar shall appoint at least one election
34	34	officer serving each polling place for early voting by personal
35	35	appearance or on election day as a regular deputy registrar.
36	36	SECTION 1.03. Subchapter A, Chapter 13, Election Code, is
37	37	amended by adding Section 13.009 to read as follows:
38	38	Sec. 13.009. ELECTRONIC VOTER REGISTRATION. (a) The
39	39	secretary of state shall work with the Department of Public Safety
40	40	and the Department of Information Resources to implement a program
41	41	to allow a person to complete a voter registration application over
42	42	the Internet from the official website of this state. The Internet
43	43	websites of the secretary of state, the Department of Public
44	44	Safety, and each voter registration agency under Section 20.001(a)
45	45	must also provide a link to the location of the application on the
46	46	official website of this state.
47	47	(b) An applicant for electronic voter registration who has
48	48	an unexpired driver's license or personal identification card
49	49	issued in this state must:
50	50	(1) attest to the truth of the information provided on
51	51	the application by affirmatively accepting the information as true;
52	52	and
53	53	(2) affirmatively consent to the use of the signature
54	54	on the applicant's driver's license or personal identification card
55	55	for voter registration purposes.
56	56	(c) An applicant for electronic voter registration who does
57	57	not have an unexpired driver's license or personal identification
58	58	card issued in this state must:
59	59	(1) attest to the truth of the information provided on
60	60	the application by affirmatively accepting the information as true;
61	61	and
62	62	(2) digitally sign the applicant's application before
63	63	submitting it electronically.
64	64	(d) For each application submitted under Subsection (b),
65	65	the program shall require that a digital copy of the applicant's
66	66	signature be obtained from the Department of Public Safety.
67	67	(e) A digital signature given as provided by secretary of
68	68	state rule meets the signature requirement under Section 13.002(b).
69	69	An application submitted under this section is considered for all
70	70	purposes an application submitted by mail under this title.
71	71	(f) The secretary of state shall adopt rules as necessary to
72	72	implement this section, including rules to provide for additional
73	73	security measures necessary to ensure the accuracy and integrity of
74	74	applications submitted electronically.
75	75	(g) The rules adopted under Subsection (f) must require
76	76	that:
77	77	(1) the Internet website through which a person may
78	78	complete a voter registration application include a description of
79	79	the offense described by Section 13.007 in a conspicuous location
80	80	on the website near the place where the person begins or submits the
81	81	application; and
82	82	(2) the state electronic Internet portal project be
83	83	used to authenticate the identity and address of a person who
84	84	submits an application electronically under this section.
85	85	SECTION 1.04. Subchapter A, Chapter 13, Election Code, is
86	86	amended by adding Sections 13.010 and 13.011 to read as follows:
87	87	Sec. 13.010. VOTER REGISTRATION THROUGH DEPARTMENT OF
88	88	PUBLIC SAFETY. (a) The voter registrar of each county shall
89	89	automatically register any county resident who is eligible to vote
90	90	as provided by Section 13.001 and:
91	91	(1) is issued a Texas driver's license or a personal
92	92	identification card by the Department of Public Safety; or
93	93	(2) makes a change to a Texas driver's license or
94	94	personal identification card issued by the Department of Public
95	95	Safety.
96	96	(b) A driver's license or personal identification card
97	97	transaction with an indication provided by Section 20.062(b) or
98	98	20.063(c) that the transaction is not for voter registration
99	99	purposes is not subject to this section.
100	100	Sec. 13.011. VOTER REGISTRATION THROUGH CERTAIN VOTER
101	101	REGISTRATION AGENCIES. (a) The voter registrar of each county
102	102	shall automatically register any county resident who is eligible to
103	103	vote as provided by Section 13.001 and applies for services from a
104	104	voter registration agency under Subchapter B, Chapter 20.
105	105	(b) An application for services is not subject to this
106	106	section if the application is accompanied by:
107	107	(1) an indication under Section 20.002(b) that the
108	108	transaction is not for voter registration; or
109	109	(2) a declination form under Section 20.036.
110	110	(c) The secretary of state shall prescribe procedures for
111	111	the implementation of this section.
112	112	SECTION 1.05. Section 13.031, Election Code, is amended by
113	113	adding Subsection (f) to read as follows:
114	114	(f) A volunteer deputy registrar appointed under this
115	115	section may serve as a volunteer deputy registrar throughout the
116	116	state regardless of which county appointed the deputy registrar.
117	117	The secretary of state shall prescribe procedures to implement this
118	118	subsection.
119	119	SECTION 1.06. Section 13.033(b), Election Code, is amended
120	120	to read as follows:
121	121	(b) If a person is to be appointed, the registrar shall
122	122	prepare a certificate of appointment in duplicate containing:
123	123	(1) the date of appointment;
124	124	(2) the statement: "I, ____________, Voter Registrar
125	125	for ____________ County, do hereby appoint ____________ as a
126	126	volunteer deputy registrar [for ____________ County].";
127	127	(3) the person's residence address;
128	128	(4) the person's voter registration number, if any;
129	129	(5) a statement that the term of the appointment
130	130	expires December 31 of an even-numbered year; and
131	131	(6) a statement that the appointment terminates on the
132	132	person's final conviction for an offense for failure to deliver a
133	133	registration application and may terminate on the registrar's
134	134	determination that the person failed to adequately review a
135	135	registration application, intentionally destroyed or physically
136	136	altered a registration application, or engaged in any other
137	137	activity that conflicts with the responsibilities of a volunteer
138	138	deputy registrar under this chapter.
139	139	SECTION 1.07. Section 13.037(a), Election Code, is amended
140	140	to read as follows:
141	141	(a) A person may not receive compensation from any [the]
142	142	county for service as a volunteer deputy registrar unless
143	143	compensation is authorized by the commissioners court of that
144	144	county.
145	145	SECTION 1.08. Section 13.038, Election Code, is amended to
146	146	read as follows:
147	147	Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
148	148	registrar may distribute voter registration application forms
149	149	throughout the county and receive registration applications
150	150	submitted to the deputy in person.
151	151	(b) A volunteer deputy registrar may distribute a voter
152	152	registration application in the form prescribed by the secretary of
153	153	state under Section 31.002 throughout the state and receive an
154	154	application in that form submitted to the deputy in person,
155	155	regardless of the county in which the application was printed.
156	156	(c) The secretary of state shall prescribe procedures to
157	157	implement this section.
158	158	SECTION 1.09. Section 13.046(h), Election Code, is amended
159	159	to read as follows:
160	160	(h) The secretary of state shall:
161	161	(1) consult with the Texas Education Agency regarding
162	162	the number of registration application forms to provide to each
163	163	high school;
164	164	(2) provide to each high school registration
165	165	application forms once each fall and spring semester in the number
166	166	determined from the consultation under Subdivision (1); and
167	167	(3) prescribe any additional procedures necessary to
168	168	implement this section.
169	169	SECTION 1.10. Section 20.001(a), Election Code, is amended
170	170	to read as follows:
171	171	(a) The following state agencies are designated as voter
172	172	registration agencies:
173	173	(1) Health and Human Services Commission;
174	174	(2) Department of Aging and Disability Services;
175	175	(3) Department of Assistive and Rehabilitative
176	176	Services;
177	177	(4) Department of State Health Services; [and]
178	178	(5) Texas Workforce Commission; and
179	179	(6) any other agency or program as determined by the
180	180	secretary of state that primarily provides:
181	181	(A) public assistance; or
182	182	(B) services to persons with disabilities.
183	183	SECTION 1.11. Section 20.002, Election Code, is amended to
184	184	read as follows:
185	185	Sec. 20.002. AGENCY-PRESCRIBED REGISTRATION APPLICATION
186	186	FORM. (a) A voter registration agency under this subchapter shall
187	187	prescribe and use a form and procedure that combines a form for
188	188	services from that agency with an officially prescribed voter
189	189	registration application form.
190	190	(b) A voter registration agency under this subchapter shall
191	191	prescribe and use a form and procedure that requests a person's
192	192	address and that combines agency and voter registration functions.
193	193	The form must allow a person to indicate that a change of address is
194	194	not for voter registration purposes.
195	195	(c) The design, content, and physical characteristics of
196	196	the agency forms must be [Instead of using the official voter
197	197	registration application form prescribed by the secretary of state,
198	198	a voter registration agency may use an official form prescribed by
199	199	the agency, if] approved by the secretary of state.
200	200	SECTION 1.12. Section 20.032(a), Election Code, is amended
201	201	to read as follows:
202	202	(a) An appropriate agency employee shall [routinely] inform
203	203	each person who applies in person for agency services of the
204	204	opportunity to complete a voter registration application form and
205	205	[on request] shall provide nonpartisan voter registration
206	206	assistance to the applicant.
207	207	SECTION 1.13. Section 20.061, Election Code, is amended to
208	208	read as follows:
209	209	Sec. 20.061. APPLICABILITY OF OTHER PROVISIONS. The other
210	210	provisions of this chapter apply to the Department of Public Safety
211	211	except provisions that conflict with this subchapter or Section
212	212	13.010.
213	213	SECTION 1.14. Section 20.062(b), Election Code, is amended
214	214	to read as follows:
215	215	(b) The department shall prescribe and use a change of
216	216	address form and procedure that combines department and voter
217	217	registration functions. The form must allow a licensee or
218	218	cardholder to indicate that [whether] the change of address is not
219	219	[also to be used] for voter registration purposes.
220	220	SECTION 1.15. Section 20.063, Election Code, is amended to
221	221	read as follows:
222	222	Sec. 20.063. REGISTRATION PROCEDURES. (a) The Department
223	223	of Public Safety shall consider an application made in person, by
224	224	mail, or online at the department's Internet website [provide to
225	225	each person who applies in person at the department's offices] for
226	226	an original or renewal of a driver's license, a personal
227	227	identification card, or a duplicate or corrected license or card by
228	228	a person who is eligible to vote as provided by Section 13.001 an
229	229	application for [opportunity to complete a] voter registration.
230	230	The date of application is considered to be the date of submission
231	231	to the voter registrar for the purpose of determining the effective
232	232	date of registration [application form].
233	233	(b) The Department of Public Safety shall consider a change
234	234	of address that relates to [When the department processes] a
235	235	license or card and that is submitted to [for renewal by mail,] the
236	236	department [shall deliver to the applicant by mail a voter
237	237	registration application form.
238	238	[(c) A change of address that relates to a license or card
239	239	and that is submitted to the department] in person, [or] by mail, or
240	240	online at the department's Internet website [serves] as a change in
241	241	[of address for] voter registration [unless the licensee or
242	242	cardholder indicates that the change is not for voter registration
243	243	purposes]. The date of submission of a change of address to a
244	244	department employee is considered to be the date of submission to
245	245	the voter registrar for the purpose of determining the effective
246	246	date of registration [only].
247	247	(c) The registration of an eligible [(d) If a completed]
248	248	voter as required by Subsections (a) and (b) is automatic unless the
249	249	person indicates that the transaction is not for voter
250	250	registration purposes [application submitted to a department
251	251	employee does not include the applicant's correct driver's license
252	252	number or personal identification card number, a department
253	253	employee shall enter the appropriate information on the
254	254	application. If a completed application does not include the
255	255	applicant's correct residence address or mailing address, a
256	256	department employee shall obtain the appropriate information from
257	257	the applicant and enter the information on the application].
258	258	SECTION 1.16. Section 20.065(b), Election Code, is amended
259	259	to read as follows:
260	260	(b) Each weekday the department is regularly open for
261	261	business, the department shall electronically transfer to the
262	262	secretary of state the name and information designated by the
263	263	secretary of state for [of each person who completes a] voter
264	264	registration for each individual who is eligible to vote as
265	265	provided by Section 13.001 and applies in person, by mail, or online
266	266	at the department's Internet website for an original or renewal of a
267	267	driver's license, a personal identification card, or a duplicate or
268	268	corrected license or card [application submitted to the
269	269	department]. The secretary shall prescribe procedures necessary to
270	270	implement this subsection.
271	271	SECTION 1.17. Chapter 63, Election Code, is amended by
272	272	adding Section 63.010 to read as follows:
273	273	Sec. 63.010. REGISTRATION AT POLLING PLACE; VOTING
274	274	PROCEDURES. (a) Other applicable provisions of this code apply to
275	275	the conduct of voting and to the registration of voters under this
276	276	section to the extent those provisions do not conflict with this
277	277	section.
278	278	(b) A person who would be eligible to vote in an election
279	279	under Section 11.001, but for the requirement to be a registered
280	280	voter, shall be accepted for voting at a polling place at which the
281	281	person would be allowed to vote if registered if, on the day the
282	282	person offers to vote, the person:
283	283	(1) submits a voter registration application that
284	284	complies with Section 13.002 to a voter registrar at the polling
285	285	place;
286	286	(2) presents as proof of identification:
287	287	(A) a Texas driver's license, including a
288	288	temporary license or instruction permit, or personal
289	289	identification card issued to the person by the Department of
290	290	Public Safety that states the person's current address on the day
291	291	the person seeks to vote; or
292	292	(B) a utility bill addressed to the person dated
293	293	not earlier than the 30th day before the date the person seeks to
294	294	vote, and:
295	295	(i) a Texas driver's license, including a
296	296	temporary license or instruction permit, or personal
297	297	identification card issued to the person by the Department of
298	298	Public Safety, regardless of whether the address stated on the
299	299	license or card is current on the day the person seeks to vote;
300	300	(ii) a United States passport issued to the
301	301	person; or
302	302	(iii) a United States military
303	303	identification card that contains the person's photograph; and
304	304	(3) executes an affidavit stating that the person:
305	305	(A) is eligible to vote in the election; and
306	306	(B) is voting only once in the election.
307	307	(c) Persons voting under this section shall be processed
308	308	separately at the polling place from persons who are voting under
309	309	regular procedures.
310	310	(d) The secretary of state shall adopt rules to ensure the
311	311	accountability of election officers and to fairly implement this
312	312	section.
313	313	SECTION 1.18. Section 85.031(a), Election Code, is amended
314	314	to read as follows:
315	315	(a) For each person entitled to vote an early voting ballot
316	316	by personal appearance or who is entitled to register at a polling
317	317	place, the early voting clerk shall follow the procedure for
318	318	accepting a regular voter on election day, with the modifications
319	319	necessary for the conduct of early voting.
320	320	ARTICLE 2. VOTING BY MAIL
321	321	SECTION 2.01. Section 4.003, Election Code, is amended by
322	322	amending Subsection (b) and adding Subsection (b-1) to read as
323	323	follows:
324	324	(b) In addition to any other notice given for an election
325	325	under Subsection (a), not later than the 21st day before election
326	326	day, a county shall post a copy of a notice of the election given by
327	327	the county or provided to the county under Section 4.008(a)[, which
328	328	must include the location of each polling place,] on the county's
329	329	Internet website, if the county maintains a website. An authority
330	330	responsible for giving notice of an election may post a copy of the
331	331	notice on the bulletin board used for posting notices of the
332	332	meetings of the governing body of the political subdivision that
333	333	the authority serves. If a county does not maintain a website, the
334	334	authority responsible for giving notice of the election shall post
335	335	a copy of a notice of the election on the bulletin board used for
336	336	posting notices of the meetings of the governing body of the
337	337	political subdivision that the authority serves. For each precinct
338	338	that is combined to form a consolidated precinct under Section
339	339	42.008, not later than the 10th day before election day, the
340	340	authority shall also post, at the polling place used in the
341	341	preceding general election, notice of the precinct's consolidation
342	342	and the location of the polling place in the consolidated precinct.
343	343	A notice posted under this subsection must remain posted
344	344	continuously through election day.
345	345	(b-1) The notice given under Subsection (b) must include:
346	346	(1) the location of each polling place that will be
347	347	open on election day;
348	348	(2) the location of each polling place that will be
349	349	open for early voting; and
350	350	(3) each location that will be available to voters to
351	351	deliver a marked ballot under Section 86.006(a-5).
352	352	SECTION 2.02. Section 13.002(e), Election Code, is amended
353	353	to read as follows:
354	354	(e) Notwithstanding Section 82.005, a [A] person who is
355	355	certified for participation in the address confidentiality program
356	356	administered by the attorney general under Subchapter B, Chapter
357	357	58, Code of Criminal Procedure, is not eligible for early voting by
358	358	mail [under Section 82.007] unless the person submits an
359	359	application under this section by personal delivery. The secretary
360	360	of state may adopt rules to implement this subsection.
361	361	SECTION 2.03. Section 82.005, Election Code, is amended to
362	362	read as follows:
363	363	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
364	364	APPEARANCE]. Any qualified voter is eligible for early voting by
365	365	mail or personal appearance.
366	366	SECTION 2.04. Section 82.007, Election Code, is amended to
367	367	read as follows:
368	368	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
369	369	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
370	370	who, [is eligible for early voting by mail if:
371	371	[(1) the voter submitted a registration application by
372	372	personal delivery as required by Section 13.002(e); and
373	373	[(2)] at the time the voter's early voting ballot
374	374	application is submitted, [the voter] is certified for
375	375	participation in the address confidentiality program administered
376	376	by the attorney general under Subchapter B, Chapter 58, Code of
377	377	Criminal Procedure, is eligible for early voting by mail only if the
378	378	voter submitted a registration application by personal delivery as
379	379	required by Section 13.002(e).
380	380	SECTION 2.05. Section 84.001, Election Code, is amended by
381	381	amending Subsections (a), (b), (d), and (e) and adding Subsection
382	382	(e-1) to read as follows:
383	383	(a) To be entitled to vote an early voting ballot by mail, a
384	384	person [who is eligible for early voting] must make an application
385	385	for an early voting ballot to be voted by mail as provided by this
386	386	title.
387	387	(b) Subject to Section 1.011 and except as provided by
388	388	Section 84.0091, an application must be submitted in writing and
389	389	signed by the applicant using ink on paper. An electronic signature
390	390	or photocopied signature is not permitted except as provided by
391	391	Section 84.0091.
392	392	(d) An application must be submitted [by mail] to the early
393	393	voting clerk for the election who serves the election precinct of
394	394	the applicant's residence.
395	395	(e) Except as provided by Subsection (e-1), an application
396	396	[An applicant] for a ballot to be voted by mail serves as an
397	397	application both [may apply] for a ballot [ballots] for the main
398	398	election and for any resulting runoff election [on the same
399	399	application]. If an application [for the main election and any
400	400	resulting runoff] is not timely for the main election, it will be
401	401	considered timely for any resulting runoff if received not later
402	402	than the deadline, determined using the date of the runoff
403	403	election, for submitting a regular application for a ballot to be
404	404	voted by mail.
405	405	(e-1) An applicant for a ballot to be voted by mail for the
406	406	main election may request not to receive a ballot for a resulting
407	407	runoff election.
408	408	SECTION 2.06. Section 84.002(a), Election Code, is amended
409	409	to read as follows:
410	410	(a) An early voting ballot application must include:
411	411	(1) the applicant's name and the address at which the
412	412	applicant is registered to vote;
413	413	[(1-a) the following information:
414	414	[(A) the number of the applicant's driver's
415	415	license, election identification certificate, or personal
416	416	identification card issued by the Department of Public Safety;
417	417	[(B) if the applicant has not been issued a
418	418	number described by Paragraph (A), the last four digits of the
419	419	applicant's social security number; or
420	420	[(C) a statement by the applicant that the
421	421	applicant has not been issued a number described by Paragraph (A) or
422	422	(B);]
423	423	(2) for an application for a ballot to be voted by mail
424	424	by an applicant who will be absent from the applicant's [on the
425	425	ground of absence from the] county of residence on election day, the
426	426	address outside the applicant's county of residence to which the
427	427	ballot is to be mailed or an e-mail address for the applicant to
428	428	which the ballot is sent by electronic transmission;
429	429	(3) for an application for a ballot to be voted by mail
430	430	by an applicant who is 65 years of age or older on election day or
431	431	has a sickness or physical condition that requires the applicant to
432	432	reside in a hospital or nursing home or other long-term care
433	433	facility, or with a relative [on the ground of age or disability],
434	434	the address of the hospital, nursing home or other long-term care
435	435	facility, or retirement center, or of a person related to the
436	436	applicant within the second degree by affinity or the third degree
437	437	by consanguinity, as determined under Chapter 573, Government Code,
438	438	if the applicant is living at that address and that address is
439	439	different from the address at which the applicant is registered to
440	440	vote;
441	441	(4) for an application for a ballot to be voted by mail
442	442	by an applicant who is confined [on the ground of confinement] in
443	443	jail as described by Section 84.009(a), the address of the jail or
444	444	of a person related to the applicant within the degree described by
445	445	Subdivision (3);
446	446	(5) [for an application for a ballot to be voted by
447	447	mail on any ground,] an indication of each election for which the
448	448	applicant is applying for a ballot; and
449	449	(6) [an indication of the ground of eligibility for
450	450	early voting; and
451	451	[(7)] for an application for a ballot to be voted by
452	452	mail by an applicant who is civilly committed as a sexually violent
453	453	predator under Chapter 841, Health and Safety Code, and is ordered
454	454	as a condition of civil commitment to reside in a facility operated
455	455	by or under contract with the Texas Civil Commitment Office [on the
456	456	ground of involuntary civil commitment], the address of the
457	457	facility operated by or under contract with the Texas Civil
458	458	Commitment Office or of a person related to the applicant within the
459	459	degree of consanguinity described by Subdivision (3).
460	460	SECTION 2.07. Section 84.007(a), Election Code, is amended
461	461	to read as follows:
462	462	(a) Except as provided by Sections 84.008, [and] 84.009, and
463	463	84.0091, an application for a ballot to be voted by mail must be
464	464	submitted as provided by this section.
465	465	SECTION 2.08. Section 84.009, Election Code, is amended by
466	466	amending Subsection (a) and adding Subsection (b) to read as
467	467	follows:
468	468	(a) This section applies only to an applicant who, at the
469	469	time the application for a ballot to be voted by mail is submitted,
470	470	is confined in jail:
471	471	(1) serving a misdemeanor sentence for a term that
472	472	ends on or after election day;
473	473	(2) pending trial after denial of bail;
474	474	(3) without bail pending an appeal of a felony
475	475	conviction; or
476	476	(4) pending trial or appeal on a bailable offense for
477	477	which release on bail before election day is unlikely.
478	478	(b) On request of the applicant, an application for a ballot
479	479	to be voted by mail [on the ground of confinement in jail] may be
480	480	submitted to the early voting clerk, at the discretion of the
481	481	authority in charge of the jail, by personal delivery by the jail
482	482	authority or by a designated subordinate of the authority.
483	483	SECTION 2.09. Subchapter A, Chapter 84, Election Code, is
484	484	amended by adding Section 84.0091 to read as follows:
485	485	Sec. 84.0091. SUBMITTING APPLICATION FOR BALLOT VOTED BY
486	486	MAIL: ELECTRONIC SUBMISSION. (a) The secretary of state shall
487	487	implement a program to allow a person to complete an application for
488	488	an early voting ballot by mail over the Internet from the official
489	489	website of this state. The program must:
490	490	(1) permit an applicant to electronically sign the
491	491	application;
492	492	(2) deliver a completed application to the early
493	493	voting clerk for the election who serves the election precinct of
494	494	the applicant's residence; and
495	495	(3) permit an applicant to check the status of the
496	496	applicant's application.
497	497	(b) The program implemented under Subsection (a) must
498	498	require a person to provide the following information before
499	499	allowing the person to complete an application for an early voting
500	500	ballot by mail:
501	501	(1) the person's name and voter registration number or
502	502	registration address;
503	503	(2) the person's driver's license number or personal
504	504	identification card number issued by the Department of Public
505	505	Safety; and
506	506	(3) the last four digits of the person's social
507	507	security number.
508	508	SECTION 2.10. Section 84.011(a), Election Code, is amended
509	509	to read as follows:
510	510	(a) The officially prescribed application form for an early
511	511	voting ballot must include:
512	512	(1) immediately preceding the signature space the
513	513	statement: "I certify that the information given in this
514	514	application is true, and I understand that giving false information
515	515	in this application is a crime.";
516	516	(2) a statement informing the applicant of the
517	517	offenses prescribed by Sections 84.003 and 84.004;
518	518	(3) spaces for entering an applicant's voter
519	519	registration number and county election precinct of registration,
520	520	with a statement informing the applicant that failure to furnish
521	521	that information does not invalidate the application;
522	522	[(3-a) a space for entering the information required
523	523	under Section 84.002(a)(1-a);] and
524	524	(4) on an application for a ballot to be voted by mail:
525	525	(A) a space for an applicant [applying on the
526	526	ground of absence from the county of residence] to indicate:
527	527	(i) whether the applicant will be absent
528	528	from the applicant's county of residence on election day;
529	529	(ii) if applicable, the date on or after
530	530	which the applicant can receive mail at the address outside the
531	531	county; and
532	532	(iii) whether the applicant wishes to
533	533	receive the balloting materials by electronic transmission and, if
534	534	so, a space for the applicant to provide an e-mail address;
535	535	(B) a space for indicating the fact that an
536	536	applicant whose application is signed by a witness cannot make the
537	537	applicant's mark and a space for indicating the relationship or
538	538	lack of relationship of the witness to the applicant;
539	539	(C) a space for entering an applicant's telephone
540	540	number, with a statement informing the applicant that failure to
541	541	furnish that information does not invalidate the application;
542	542	(D) a space or box for an applicant who is 65
543	543	years of age or older on election day or has a sickness or physical
544	544	condition that requires the applicant to reside in a hospital or
545	545	nursing home or other long-term care facility, or with a relative,
546	546	[applying on the ground of age or disability] to indicate that the
547	547	address to which the ballot is to be mailed is the address of a
548	548	facility or relative described by Section 84.002(a)(3), if
549	549	applicable;
550	550	(E) a space or box for an applicant who is
551	551	confined [applying on the ground of confinement] in jail as
552	552	described by Section 84.009(a) or who is civilly committed as a
553	553	sexually violent predator under Chapter 841, Health and Safety
554	554	Code, and ordered as a condition of civil commitment to reside in a
555	555	facility operated by or under contract with the Texas Civil
556	556	Commitment Office, [involuntary civil commitment] to indicate that
557	557	the address to which the ballot is to be mailed is the address of a
558	558	relative described by Section 84.002(a)(4) or (6) [(7)], if
559	559	applicable;
560	560	(F) a space for an applicant [applying on the
561	561	ground of age or disability] to indicate if the application is an
562	562	application under Section 86.0015;
563	563	(G) spaces for entering the signature, printed
564	564	name, and residence address of any person assisting the applicant;
565	565	(H) a statement informing the applicant of the
566	566	condition prescribed by Section 81.005; and
567	567	(I) a statement informing the applicant of the
568	568	requirement prescribed by Section 86.003(c).
569	569	SECTION 2.11. Sections 86.001(b) and (c), Election Code,
570	570	are amended to read as follows:
571	571	(b) If the application complies with the applicable
572	572	requirements prescribed by this title [applicant is entitled to
573	573	vote an early voting ballot by mail], the clerk shall provide an
574	574	official ballot to the applicant as provided by this chapter.
575	575	(c) Except as provided by Section 86.008, if the applicant
576	576	is not entitled to vote in the election [by mail], the clerk shall
577	577	reject the application, enter on the application "rejected" and the
578	578	reason for and date of rejection, and deliver written notice of the
579	579	reason for the rejection to the applicant at both the residence
580	580	address and mailing address on the application. A ballot may not be
581	581	provided to an applicant whose application is rejected.
582	582	SECTION 2.12. Section 86.0015(a), Election Code, is amended
583	583	to read as follows:
584	584	(a) This section applies only to an application for a ballot
585	585	to be voted by mail that[:
586	586	[(1) indicates the ground of eligibility is age or
587	587	disability; and
588	588	[(2)] does not specify the election for which a ballot
589	589	is requested or has been marked by the applicant as an application
590	590	for more than one election.
591	591	SECTION 2.13. Section 86.003(c), Election Code, is amended
592	592	to read as follows:
593	593	(c) The address to which the balloting materials must be
594	594	addressed is the address at which the voter is registered to vote,
595	595	or the registered mailing address if different, unless the
596	596	application to vote early by mail indicates that the voter [ground
597	597	for voting by mail is]:
598	598	(1) will be absent from the voter's [absence from the]
599	599	county of residence on election day, in which case the address must
600	600	be an address outside the voter's county of residence;
601	601	(2) is confined [confinement] in jail as described by
602	602	Section 84.009(a), in which case the address must be the address of
603	603	the jail or of a relative described by Section 84.002(a)(4);
604	604	(3) is 65 years of age or older on election day or has a
605	605	sickness or physical condition that requires the applicant to
606	606	reside in a hospital or nursing home or other long-term care
607	607	facility, or with a relative, [age or disability] and [the voter] is
608	608	living at a hospital, nursing home or other long-term care
609	609	facility, or retirement center, or with a relative described by
610	610	Section 84.002(a)(3), in which case the address must be the address
611	611	of that facility or relative; or
612	612	(4) is civilly committed as a sexually violent
613	613	predator under Chapter 841, Health and Safety Code, and ordered as a
614	614	condition of civil commitment to reside in a facility operated by or
615	615	under contract with the Texas Civil Commitment Office [involuntary
616	616	civil commitment], in which case the address must be the address of
617	617	the facility or of a relative described by Section 84.002(a)(6)
618	618	[84.002(a)(7)].
619	619	SECTION 2.14. Section 86.004(b), Election Code, is amended
620	620	to read as follows:
621	621	(b) For an election to which Section 101.104 applies, the
622	622	balloting materials for a voter who indicates on the application
623	623	for a ballot to be voted by mail or the federal postcard application
624	624	that the voter seeks [is eligible] to vote early by mail as a
625	625	consequence of the voter's being outside the United States shall be
626	626	mailed on or before the later of the 45th day before election day or
627	627	the seventh calendar day after the date the clerk receives the
628	628	application. However, if it is not possible to mail the ballots by
629	629	the deadline of the 45th day before election day, the clerk shall
630	630	notify the secretary of state within 24 hours of knowing that the
631	631	deadline will not be met. The secretary of state shall monitor the
632	632	situation and advise the clerk, who shall mail the ballots as soon
633	633	as possible in accordance with the secretary of state's guidelines.
634	634	SECTION 2.15. Section 86.006, Election Code, is amended by
635	635	amending Subsections (a) and (a-1) and adding Subsections (a-3),
636	636	(a-4), (a-5), and (a-6) to read as follows:
637	637	(a) Except as provided by Subsection (a-3), a [A] marked
638	638	ballot voted under this chapter must be returned to the early voting
639	639	clerk in the official carrier envelope. The carrier envelope may be
640	640	delivered in another envelope and must be transported and delivered
641	641	only by:
642	642	(1) mail;
643	643	(2) common or contract carrier; [or]
644	644	(3) subject to Subsections (a-1) and (a-2), in-person
645	645	delivery by the voter who voted the ballot; or
646	646	(4) subject to Subsection (a-4), delivery to an
647	647	authorized depository box.
648	648	(a-1) The voter may deliver a marked ballot in person to the
649	649	early voting clerk's office or to another designated location
650	650	[only] while the polls are open on election day or during the early
651	651	voting period. A voter who delivers a marked ballot in person may
652	652	return only the voter's own ballot and must present identification
653	653	required by Section 63.001(b) in a [an acceptable] form [of
654	654	identification] described by Section 63.0101.
655	655	(a-3) A marked ballot received through electronic
656	656	transmission as provided by Section 86.0031 shall be returned to
657	657	the early voting clerk by mail or common or contract carrier through
658	658	the procedures prescribed by the secretary of state.
659	659	(a-4) The voter may deliver a sealed carrier envelope
660	660	containing a marked ballot to any depository box authorized by the
661	661	early voting clerk. The early voting clerk may authorize any number
662	662	of suitable locations for placement of a depository box.
663	663	(a-5) The county clerk may designate any of the following
664	664	locations for delivering marked ballots under Subsection (a-1):
665	665	(1) the early voting clerk's office;
666	666	(2) any polling place open during early voting or on
667	667	election day; or
668	668	(3) any suitable location that meets criteria
669	669	prescribed by the secretary of state.
670	670	(a-6) To ensure that locations designated for delivering
671	671	marked ballots are accessible and secure, the secretary of state
672	672	shall adopt rules establishing criteria for a location that a
673	673	county clerk may designate under Subsection (a-5).
674	674	SECTION 2.16. Section 87.041(b), Election Code, is amended
675	675	to read as follows:
676	676	(b) A ballot may be accepted only if:
677	677	(1) the carrier envelope certificate is properly
678	678	executed;
679	679	(2) neither the voter's signature on the ballot
680	680	application nor the signature on the carrier envelope certificate
681	681	is determined to have been executed by a person other than the
682	682	voter, unless signed by a witness;
683	683	(3) [the voter's ballot application states a legal
684	684	ground for early voting by mail;
685	685	[(4)] the voter is registered to vote, if registration
686	686	is required by law;
687	687	(4) [(5) the address to which the ballot was mailed
688	688	to the voter, as indicated by the application, was outside the
689	689	voter's county of residence, if the ground for early voting is
690	690	absence from the county of residence;
691	691	[(6)] for a voter to whom a statement of residence form
692	692	was required to be sent under Section 86.002(a), the statement of
693	693	residence is returned in the carrier envelope and indicates that
694	694	the voter satisfies the residence requirements prescribed by
695	695	Section 63.0011; and
696	696	(5) [(7)] the address to which the ballot was mailed
697	697	to the voter is an address [that is otherwise] required by Sections
698	698	84.002 and 86.003[; and
699	699	[(8) the information required under Section 86.002(g)
700	700	provided by the voter identifies the same voter identified on the
701	701	voter's application for voter registration under Section
702	702	13.002(c)(8)].
703	703	SECTION 2.17. Section 102.001(a), Election Code, is amended
704	704	to read as follows:
705	705	(a) A qualified voter is eligible to vote a late ballot as
706	706	provided by this chapter if the voter has a sickness or physical
707	707	condition [described by Section 82.002] that prevents the voter
708	708	from appearing at the polling place on election day without a
709	709	likelihood of needing personal assistance or of injuring the
710	710	voter's health and originates on or after the day before the last
711	711	day for submitting an application for a ballot to be voted by mail.
712	712	ARTICLE 3. CONDUCT OF ELECTIONS
713	713	SECTION 3.01. Section 12.004(d), Election Code, is amended
714	714	to read as follows:
715	715	(d) The [If early voting by personal appearance is required
716	716	to be conducted for extended hours under Section 85.005(c) or for
717	717	weekend hours under Section 85.006(e), the] registrar's office
718	718	shall remain open for providing voter registration information
719	719	during the [extended hours or weekend] hours that the main early
720	720	voting polling place is open for voting.
721	721	SECTION 3.02. Section 13.002(i), Election Code, is amended
722	722	to read as follows:
723	723	(i) An applicant who wishes to receive an exemption from the
724	724	requirements of Section 63.001(b) on the basis of disability must
725	725	submit:
726	726	(1) written documentation:
727	727	(A) from the United States Social Security
728	728	Administration evidencing the applicant has been determined to have
729	729	a disability; or
730	730	(B) from the United States Department of Veterans
731	731	Affairs evidencing the applicant has a disability rating of at
732	732	least 50 percent; and
733	733	(2) a statement in a form prescribed by the secretary
734	734	of state that the applicant does not have [a form of] identification
735	735	required by Section 63.001(b) in a form described by [acceptable
736	736	under] Section 63.0101.
737	737	SECTION 3.03. Section 33.001, Election Code, is amended to
738	738	read as follows:
739	739	Sec. 33.001. WATCHER DEFINED. In this code, "watcher"
740	740	means a person appointed under this subchapter to observe the
741	741	conduct of an election on behalf of a candidate, a political party,
742	742	a nonpartisan election observation organization, or the proponents
743	743	or opponents of a measure.
744	744	SECTION 3.04. Section 33.007(d), Election Code, is amended
745	745	to read as follows:
746	746	(d) The number of watchers accepted for service on each side
747	747	of a measure may not exceed the number authorized by this section.
748	748	If the number of appointments exceeds the authorized number, the
749	749	authority accepting the watchers for service shall accept the
750	750	watchers in the order in which they present their certificates of
751	751	appointment. A watcher appointed under Section 33.009 is not
752	752	subject to the limitation of this subsection.
753	753	SECTION 3.05. Subchapter A, Chapter 33, Election Code, is
754	754	amended by adding Section 33.009 to read as follows:
755	755	Sec. 33.009. APPOINTMENT BY NONPARTISAN ORGANIZATION. (a)
756	756	A nonpartisan election observation organization that has been
757	757	certified by the secretary of state in accordance with this section
758	758	may appoint watchers.
759	759	(b) The secretary of state shall certify qualifying
760	760	nonpartisan election observation organizations within this state.
761	761	The secretary of state shall adopt rules establishing criteria to
762	762	determine whether an organization may be certified. The rules must
763	763	require the organization and its appointed nonpartisan watchers to:
764	764	(1) be impartial in substance and process;
765	765	(2) cooperate with election officers;
766	766	(3) be diligent in not obstructing the process;
767	767	(4) be independent from the government, in the
768	768	interest of promoting the right to vote;
769	769	(5) be transparent and accountable with regard to
770	770	funding, including refusal to accept funding from any source or
771	771	under any condition that may create a conflict of interest; and
772	772	(6) be vigilant in identifying and addressing
773	773	potential and actual conflicts of interest.
774	774	(c) A watcher appointed under this section is not entitled
775	775	to:
776	776	(1) sign the seal of a ballot box under Section
777	777	127.066; or
778	778	(2) sign the seal of a test material container under
779	779	Section 127.099.
780	780	SECTION 3.06. Section 33.031, Election Code, is amended to
781	781	read as follows:
782	782	Sec. 33.031. GENERAL ELIGIBILITY REQUIREMENTS. (a) Except
783	783	as provided by Subsection (c), to [To] be eligible to serve as
784	784	a watcher, a person must be a qualified voter:
785	785	(1) of the county in which the person is to serve, in
786	786	an election ordered by the governor or a county authority or in a
787	787	primary election;
788	788	(2) of the part of the county in which the election is
789	789	held, in an election ordered by the governor or a county authority
790	790	that does not cover the entire county of the person's residence; and
791	791	(3) of the political subdivision, in an election
792	792	ordered by an authority of a political subdivision other than a
793	793	county.
794	794	(b) In addition to the requirements of Subsection (a), to be
795	795	eligible to serve as a watcher, a person must complete training
796	796	under Section 33.008.
797	797	(c) A person appointed as a watcher under Section 33.009 is
798	798	not subject to the requirements of Subsection (a) and is eligible to
799	799	serve as a watcher if the person:
800	800	(1) is a registered voter in this state; and
801	801	(2) understands and agrees to comply with the
802	802	principles and practices set forth in the Declaration of Global
803	803	Principles for Non-partisan Election Observation and Monitoring by
804	804	Citizen Organizations and Code of Conduct for Non-partisan Citizen
805	805	Election Observers and Monitors, as commemorated by the United
806	806	Nations on April 3, 2012.
807	807	SECTION 3.07. Subchapter A, Chapter 43, Election Code, is
808	808	amended by adding Section 43.008 to read as follows:
809	809	Sec. 43.008. CAMPUS POLLING PLACES. (a) In this section,
810	810	"institution of higher education" has the meaning assigned by
811	811	Section 61.003, Education Code.
812	812	(b) The commissioners court of a county shall designate as a
813	813	polling place a number of locations on the main campus of an
814	814	institution of higher education located in the county as follows:
815	815	(1) if at least 5,000 but fewer than 10,000 students
816	816	are enrolled at the institution, one location; or
817	817	(2) if at least 10,000 students are enrolled at the
818	818	institution, two locations and one additional location for every
819	819	10,000 students enrolled at the institution over 10,000 students.
820	820	SECTION 3.08. Sections 63.001(b) and (i), Election Code,
821	821	are amended to read as follows:
822	822	(b) Except as provided by Subsection (h), on offering to
823	823	vote, a voter must present to an election officer at the polling
824	824	place:
825	825	(1) one form of photo identification listed in Section
826	826	63.0101(a); [or]
827	827	(2) one form of identification listed in Section
828	828	63.0101(b)(1), (2), or (3) accompanied by the declaration described
829	829	by Subsection (i);
830	830	(3) two forms of identification listed under Section
831	831	63.0101(b), including one form that contains the voter's current
832	832	address; or
833	833	(4) two forms of identification listed under Section
834	834	63.0101(b)(4) accompanied by the declaration described by
835	835	Subsection (i).
836	836	(i) If the requirement for identification prescribed by
837	837	Subsection (b)(1) or (3) is not met, an election officer shall
838	838	notify the voter that the voter may be accepted for voting if the
839	839	voter meets the requirement for identification prescribed by
840	840	Subsection (b)(2) or (4) and executes a declaration declaring the
841	841	voter has a reasonable impediment to meeting the requirement for
842	842	identification prescribed by Subsection (b)(1) or (3). A person is
843	843	subject to prosecution for perjury under Chapter 37, Penal Code, or
844	844	under Section 63.0013 for a false statement or false information on
845	845	the declaration. The secretary of state shall prescribe the form of
846	846	the declaration. The form shall include:
847	847	(1) a notice that a person is subject to prosecution
848	848	for perjury under Chapter 37, Penal Code, or under Section 63.0013
849	849	for a false statement or false information on the declaration;
850	850	(2) a statement that the voter swears or affirms that
851	851	the information contained in the declaration is true, that the
852	852	person described in the declaration is the same person appearing at
853	853	the polling place to sign the declaration, and that the voter faces
854	854	a reasonable impediment to procuring the identification prescribed
855	855	by Subsection (b)(1) or (3);
856	856	(3) a place for the voter to indicate one of the
857	857	following impediments:
858	858	(A) lack of transportation;
859	859	(B) lack of birth certificate or other documents
860	860	needed to obtain the identification prescribed by Subsection
861	861	(b)(1);
862	862	(C) work schedule;
863	863	(D) lost or stolen identification;
864	864	(E) disability or illness;
865	865	(F) family responsibilities; and
866	866	(G) the identification prescribed by Subsection
867	867	(b)(1) or (3) has been applied for but not received;
868	868	(4) a place for the voter to sign and date the
869	869	declaration;
870	870	(5) a place for the election judge to sign and date the
871	871	declaration;
872	872	(6) a place to note the polling place at which the
873	873	declaration is signed; and
874	874	(7) a place for the election judge to note which form
875	875	of identification prescribed by Subsection (b)(2) or (4) the voter
876	876	presented.
877	877	SECTION 3.09. Sections 63.0101(a) and (b), Election Code,
878	878	are amended to read as follows:
879	879	(a) The following documentation is an acceptable form of
880	880	photo identification under this chapter:
881	881	(1) a driver's license, election identification
882	882	certificate, or personal identification card issued to the voter
883	883	[person] by the Department of Public Safety that has not expired or
884	884	that expired no earlier than four years before the date of
885	885	presentation;
886	886	(2) a United States military identification card that
887	887	contains the voter's [person's] photograph that has not expired or
888	888	that expired no earlier than four years before the date of
889	889	presentation;
890	890	(3) a United States citizenship certificate issued to
891	891	the voter [person] that contains the voter's [person's] photograph;
892	892	(4) a United States passport book or card issued to the
893	893	voter [person] that has not expired or that expired no earlier than
894	894	four years before the date of presentation; [or]
895	895	(5) a license to carry a handgun issued to the voter
896	896	[person] by the Department of Public Safety that has not expired or
897	897	that expired no earlier than four years before the date of
898	898	presentation;
899	899	(6) an official Native American tribal document that:
900	900	(A) contains the voter's photograph and address;
901	901	and
902	902	(B) is issued by a tribe that is federally
903	903	recognized and located in this state; or
904	904	(7) any other official government document issued to
905	905	the voter and containing the voter's name, address, and photograph.
906	906	(b) The following documentation is acceptable as proof of
907	907	identification under this chapter:
908	908	(1) a government document that shows the name and
909	909	address of the voter, including the voter's voter registration
910	910	certificate;
911	911	(2) one of the following documents that shows the name
912	912	and address of the voter:
913	913	(A) a copy of a current utility bill;
914	914	(B) a bank or credit union statement;
915	915	(C) a government check; or
916	916	(D) a paycheck or pension plan statement; [or]
917	917	(3) a certified copy of a domestic birth certificate
918	918	or other document confirming birth that is admissible in a court of
919	919	law and establishes the voter's [person's] identity; or
920	920	(4) two of the following documents issued or delivered
921	921	to the voter, one of which must contain the name and address of the
922	922	voter:
923	923	(A) a Medicare, Medicaid, or Department of
924	924	Veterans Affairs identification card or other health insurance
925	925	identification card;
926	926	(B) a Department of Defense identification card;
927	927	(C) a social security identification card;
928	928	(D) a label on a prescription drug container;
929	929	(E) an identity bracelet issued by a hospital or
930	930	long-term care facility;
931	931	(F) a credit or debit card;
932	932	(G) an identification card issued by an employer;
933	933	(H) a student identification card issued by a
934	934	public or private high school or institution of higher education;
935	935	(I) a library card;
936	936	(J) a Texas Department of Criminal Justice
937	937	document indicating release or parole;
938	938	(K) a fishing or hunting license;
939	939	(L) a lease or mortgage for real property;
940	940	(M) a motor vehicle title;
941	941	(N) an insurance certificate, policy
942	942	declaration, or other document demonstrating proof of insurance;
943	943	(O) a letter from a public or private school or
944	944	institution of higher education;
945	945	(P) a personal check;
946	946	(Q) an official Native American tribal document
947	947	that is issued by a tribe that is federally recognized and located
948	948	in this state;
949	949	(R) a blood donor card;
950	950	(S) a public transportation card;
951	951	(T) a property tax assessment;
952	952	(U) a form prescribed by the Internal Revenue
953	953	Service;
954	954	(V) a letter from a public conservator,
955	955	court-appointed guardian, or trustee;
956	956	(W) a letter of confirmation of residence, letter
957	957	of stay, admission form, or statement of benefits from:
958	958	(i) a student residence;
959	959	(ii) a nursing home or other long-term care
960	960	facility or a retirement center;
961	961	(iii) a shelter; or
962	962	(iv) a soup kitchen;
963	963	(X) a document listed in Subdivision (1), (2), or
964	964	(3); or
965	965	(Y) another government document containing the
966	966	voter's name.
967	967	SECTION 3.10. Section 63.011(b), Election Code, is amended
968	968	to read as follows:
969	969	(b) A form for an affidavit required by this section must be
970	970	printed on an envelope in which the provisional ballot voted by the
971	971	person may be placed and must include:
972	972	(1) a space for entering the identification number of
973	973	the provisional ballot voted by the person; and
974	974	(2) a space for an election officer to indicate
975	975	whether the person presented [a form of] identification required by
976	976	Section 63.001(b) in a form described by Section 63.0101.
977	977	SECTION 3.11. Section 64.012, Election Code, is amended by
978	978	adding Subsection (e) to read as follows:
979	979	(e) It is an exception to the application of Subsection
980	980	(a)(1) that the person:
981	981	(1) voted or attempted to vote a provisional ballot in
982	982	accordance with Section 63.011; and
983	983	(2) did not know:
984	984	(A) of the particular circumstances that made the
985	985	person not eligible to vote in the election; or
986	986	(B) that those circumstances made the person not
987	987	eligible to vote in the election.
988	988	SECTION 3.12. Section 65.0541(a), Election Code, is amended
989	989	to read as follows:
990	990	(a) A voter who is accepted for provisional voting under
991	991	Section 63.011 because the voter does not meet the identification
992	992	requirements of Section 63.001(b) may, not later than the sixth day
993	993	after the date of the election:
994	994	(1) present [a form of] identification required by
995	995	Section 63.001(b) in a form described by Section 63.0101 to the
996	996	voter registrar for examination; or
997	997	(2) execute an affidavit described by Section
998	998	65.054(b)(2)(B) or (C) in the presence of the voter registrar.
999	999	SECTION 3.13. Sections 85.001(a) and (e), Election Code,
1000	1000	are amended to read as follows:
1001	1001	(a) The period for early voting by personal appearance
1002	1002	begins on the 17th day before election day and continues through the
1003	1003	fourth day before election day, except as otherwise provided by
1004	1004	this subchapter [section].
1005	1005	(e) For an election held on the uniform election date in May
1006	1006	and any resulting runoff election, the period for early voting by
1007	1007	personal appearance begins on the 12th day before election day and
1008	1008	continues through the fourth day before election day, except as
1009	1009	otherwise provided by this subchapter.
1010	1010	SECTION 3.14. Section 85.006, Election Code, is amended to
1011	1011	read as follows:
1012	1012	Sec. 85.006. EXTENDED VOTING [ON SATURDAY OR SUNDAY]. (a)
1013	1013	Except as provided by Subsection (b), the authority ordering an
1014	1014	election may order early voting by personal appearance at the main
1015	1015	early voting polling place to be conducted:
1016	1016	(1) on one or more Saturdays or Sundays during the
1017	1017	early voting period; or
1018	1018	(2) during an early voting period extended from the
1019	1019	fourth day before election day for any number of consecutive days up
1020	1020	to and including the day before election day.
1021	1021	(b) In an election in which a county clerk is the early
1022	1022	voting clerk under Section 83.002, only the early voting clerk may
1023	1023	order extended voting [on a Saturday or Sunday]. The clerk must do
1024	1024	so by written order.
1025	1025	(c) Except as otherwise provided by this section, the [The]
1026	1026	authority ordering extended voting [on a Saturday or Sunday] shall
1027	1027	determine the hours during which voting is to be conducted.
1028	1028	(d) The authority authorized to order extended early voting
1029	1029	[on a Saturday or Sunday] under Subsection (a) or (b) shall order
1030	1030	[the] voting on a Saturday or Sunday under the applicable
1031	1031	subsection on receipt of a written request submitted by at least 15
1032	1032	registered voters of the territory covered by the election. The
1033	1033	request must be submitted in time to enable compliance with Section
1034	1034	85.007. The authority is not required to order the voting on a
1035	1035	particular date specified by the request but shall order the voting
1036	1036	on at least one Saturday if a Saturday is requested and on at least
1037	1037	one Sunday if a Sunday is requested.
1038	1038	(e) In a primary election or the general election for state
1039	1039	and county officers in a county with a population of 55,000 or more,
1040	1040	the early voting clerk shall order voting by personal appearance at
1041	1041	the main early voting polling place to be conducted on the last
1042	1042	Saturday of the early voting period for at least 12 hours, except
1043	1043	that voting may not be conducted earlier than 6 a.m. or later than
1044	1044	10 p.m., and on the last Sunday of the early voting period for at
1045	1045	least six hours, except that voting may not be conducted earlier
1046	1046	than 9 a.m. or later than 10 p.m. The early voting clerk shall order
1047	1047	voting to be conducted at those times in those elections in a county
1048	1048	with a population under 55,000 on receipt of a written request for
1049	1049	those hours submitted by at least 15 registered voters of the
1050	1050	county. The request must be submitted in time to enable compliance
1051	1051	with Section 85.007. This subsection supersedes any provision of
1052	1052	this subchapter to the extent of any conflict.
1053	1053	(f) An authority authorized to order extended early voting
1054	1054	under Subsection (a) or (b) that orders the voting during an
1055	1055	extended early voting period shall order personal appearance voting
1056	1056	at the main early voting polling place to be conducted for at least
1057	1057	12 hours on any weekday or Saturday and for at least five hours on
1058	1058	any Sunday of the extended early voting period.
1059	1059	SECTION 3.15. Sections 85.007(a) and (b), Election Code,
1060	1060	are amended to read as follows:
1061	1061	(a) The election order and the election notice must state:
1062	1062	(1) the date that early voting will begin if under
1063	1063	Section 85.001(d) the early voting period is to begin later than the
1064	1064	prescribed date;
1065	1065	(2) the regular dates and hours that voting will be
1066	1066	conducted under Section 85.005(b); and
1067	1067	(3) the dates and hours that extended voting [on
1068	1068	Saturday or Sunday] is ordered to be conducted under Section
1069	1069	85.006(a).
1070	1070	(b) The early voting clerk shall post notice for each
1071	1071	election stating the dates and hours that extended voting [on a
1072	1072	Saturday or Sunday] is ordered to be conducted under Section
1073	1073	85.006(b).
1074	1074	SECTION 3.16. Section 85.064, Election Code, is amended by
1075	1075	amending Subsections (b) and (d) and adding Subsection (c) to read
1076	1076	as follows:
1077	1077	(b) Early voting by personal appearance at each temporary
1078	1078	branch polling place shall be conducted on the days that voting is
1079	1079	required to be conducted at the main early voting polling place
1080	1080	under Section 85.005. The authority establishing the temporary
1081	1081	branch polling place shall determine the hours during which the
1082	1082	voting is to be conducted on those days. The authority shall order
1083	1083	voting to be conducted for the same number of hours that voting is
1084	1084	required to be conducted on those days at the main early voting
1085	1085	polling place under Section 85.005 on receipt of a written request
1086	1086	for those hours submitted by at least 15 registered voters of the
1087	1087	county. The request must be submitted in time to enable compliance
1088	1088	with Section 85.067 [and remain open for at least:
1089	1089	[(1) eight hours each day; or
1090	1090	[(2) three hours each day if the city or county clerk
1091	1091	does not serve as the early voting clerk for the territory holding
1092	1092	the election and the territory has fewer than 1,000 registered
1093	1093	voters].
1094	1094	(c) Early voting by personal appearance at a temporary
1095	1095	branch polling place other than a temporary branch polling place
1096	1096	established under Section 85.062(d) may be conducted on any one or
1097	1097	more days and during any hours of the period for early voting by
1098	1098	personal appearance, as determined by the authority establishing
1099	1099	the branch.
1100	1100	(d) The authority authorized under Section 85.006 to order
1101	1101	extended early voting [on a Saturday or Sunday] may also order, in
1102	1102	the manner prescribed by that section, extended early voting to be
1103	1103	conducted [on a Saturday or Sunday] at any one or more of the
1104	1104	temporary branch polling places. In addition, the early voting
1105	1105	clerk of a county covered by Section 85.006(e) shall order such
1106	1106	voting in accordance with that subsection at each temporary branch
1107	1107	polling place established under Section 85.062(d).
1108	1108	SECTION 3.17. Section 85.065(b), Election Code, is amended
1109	1109	to read as follows:
1110	1110	(b) Except as provided by Subsection (c), voting at a
1111	1111	temporary branch polling place may be conducted on any days and
1112	1112	during any hours of the period for early voting by personal
1113	1113	appearance, as determined by the authority establishing the branch.
1114	1114	The authority authorized under Section 85.006 to order extended
1115	1115	early voting [on a Saturday or Sunday] may also order, in the manner
1116	1116	prescribed by that section, extended early voting to be conducted
1117	1117	[on a Saturday or Sunday] at any one or more of the temporary branch
1118	1118	polling places.
1119	1119	SECTION 3.18. Section 85.068(a), Election Code, is amended
1120	1120	to read as follows:
1121	1121	(a) The early voting clerk shall post notice for each
1122	1122	election stating any dates and the hours that extended voting [on
1123	1123	Saturday or Sunday] will be conducted under Section 85.064(d) or
1124	1124	85.065(b), if the early voting clerk is a county clerk or city
1125	1125	secretary under Section 83.002 or 83.005.
1126	1126	SECTION 3.19. Section 87.0241, Election Code, is amended by
1127	1127	amending Subsection (b) and adding Subsection (b-1) to read as
1128	1128	follows:
1129	1129	(b) The board may not count early voting ballots until:
1130	1130	(1) the polls open on election day; or
1131	1131	(2) in an election conducted by an authority of a
1132	1132	county with a population of 100,000 or more, or conducted jointly
1133	1133	with such a county or conducted with such a county through a
1134	1134	contract for election services, the time the polls close on the
1135	1135	fourth day before election day [end of the period for early voting
1136	1136	by personal appearance].
1137	1137	(b-1) The board may not count early voting ballots voted by
1138	1138	personal appearance after the fourth day before election day until
1139	1139	the end of the extended early voting period.
1140	1140	SECTION 3.20. Section 213.013, Election Code, is amended by
1141	1141	adding Subsection (d-1) to read as follows:
1142	1142	(d-1) In any recount, a watcher appointed under Section
1143	1143	33.009 may be present.
1144	1144	SECTION 3.21. Section 662.003(b), Government Code, is
1145	1145	amended to read as follows:
1146	1146	(b) A state holiday includes only the following days:
1147	1147	(1) the 19th day of January, "Confederate Heroes Day,"
1148	1148	in honor of Jefferson Davis, Robert E. Lee, and other Confederate
1149	1149	heroes;
1150	1150	(2) the second day of March, "Texas Independence Day";
1151	1151	(3) the 21st day of April, "San Jacinto Day";
1152	1152	(4) the 19th day of June, "Emancipation Day in Texas,"
1153	1153	in honor of the emancipation of the slaves in Texas in 1865;
1154	1154	(5) the 27th day of August, "Lyndon Baines Johnson
1155	1155	Day," in observance of the birthday of Lyndon Baines Johnson;
1156	1156	(6) the Friday after Thanksgiving Day;
1157	1157	(7) the 24th day of December; [and]
1158	1158	(8) the 26th day of December; and
1159	1159	(9) the first Tuesday after the first Monday in
1160	1160	November of an even-numbered year.
1161	1161	SECTION 3.22. Section 662.021, Government Code, is amended
1162	1162	to read as follows:
1163	1163	Sec. 662.021. DATES OF HOLIDAYS. A legal holiday includes
1164	1164	only the following days:
1165	1165	(1) a national holiday under Section 662.003(a); and
1166	1166	(2) a state holiday under Sections 662.003(b)(1)
1167	1167	through (6) and Section 662.003(b)(9).
1168	1168	ARTICLE 4. ACCOMMODATING VOTERS
1169	1169	SECTION 4.01. Section 63.0015, Election Code, is amended by
1170	1170	amending Subsections (b), (c), and (d) and adding Subsection (f) to
1171	1171	read as follows:
1172	1172	(b) An election officer shall [may] accept a person with a
1173	1173	mobility problem that substantially impairs a person's ability to
1174	1174	ambulate who is offering to vote before accepting others offering
1175	1175	to vote at the polling place who arrived before the person.
1176	1176	(c) Notice of the priority given to persons with a mobility
1177	1177	problem that substantially impairs a person's ability to ambulate
1178	1178	shall be posted:
1179	1179	(1) at [one or more locations in] each entrance to a
1180	1180	polling place where it can be read by persons waiting to vote;
1181	1181	(2) on the Internet website of the secretary of state;
1182	1182	and
1183	1183	(3) on each Internet website relating to elections
1184	1184	maintained by a county.
1185	1185	(d) The notice required by Subsection (c) must read:
1186	1186	"Pursuant to Section 63.0015, Election Code, an election officer
1187	1187	shall [may] give voting order priority to individuals with a
1188	1188	mobility problem that substantially impairs the person's ability to
1189	1189	move around. A person assisting an individual with a mobility
1190	1190	problem may also, at the individual's request, be given voting
1191	1191	order priority. Disabilities and conditions that may qualify you
1192	1192	for voting order priority include paralysis, lung disease, the use
1193	1193	of portable oxygen, cardiac deficiency, severe limitation in the
1194	1194	ability to walk due to arthritic, neurological, or orthopedic
1195	1195	condition, wheelchair confinement, arthritis, foot disorder, the
1196	1196	inability to walk 200 feet without stopping to rest, or use of a
1197	1197	brace, cane, crutch, or other assistive device."
1198	1198	(f) All procedures and accommodations available for voters
1199	1199	with disabilities, including voting under Section 64.009, shall be
1200	1200	posted in an accessible manner on the county clerk's Internet
1201	1201	website.
1202	1202	SECTION 4.02. Section 64.009, Election Code, is amended by
1203	1203	adding Subsection (a-1) to read as follows:
1204	1204	(a-1) At each polling place two parking spaces shall be
1205	1205	reserved for voting under this section. The spaces may not be
1206	1206	parking spaces designated specifically for persons with
1207	1207	disabilities. The parking spaces must be clearly marked with a sign
1208	1208	as being for use by a voter who is unable to enter the polling place.
1209	1209	The sign must have a telephone number that a voter may call or text
1210	1210	to request assistance from election officials at the polling place.
1211	1211	SECTION 4.03. Subchapter A, Chapter 84, Election Code, is
1212	1212	amended by adding Section 84.0121 to read as follows:
1213	1213	Sec. 84.0121. CLERK TO POST APPLICATION FORM ONLINE. (a)
1214	1214	The early voting clerk shall post the official application form for
1215	1215	an early voting ballot on the clerk's Internet website in a format
1216	1216	that allows a person to easily complete the application directly on
1217	1217	the website before printing.
1218	1218	(b) The early voting clerk may use the application form
1219	1219	provided by the secretary of state under Section 84.013 or the early
1220	1220	voting clerk's own application form.
1221	1221	SECTION 4.04. Section 84.013, Election Code, is amended to
1222	1222	read as follows:
1223	1223	Sec. 84.013. APPLICATION FORMS FURNISHED BY SECRETARY OF
1224	1224	STATE. (a) The secretary of state shall maintain a supply of the
1225	1225	official application forms for ballots to be voted by mail and shall
1226	1226	furnish the forms in reasonable quantities without charge to
1227	1227	individuals or organizations requesting them for distribution to
1228	1228	voters.
1229	1229	(b) The secretary of state shall provide a printable
1230	1230	application for a ballot by mail in a format that complies with
1231	1231	Section 84.0121(a) to the early voting clerk for use under that
1232	1232	section.
1233	1233	SECTION 4.05. Section 84.032(c), Election Code, is amended
1234	1234	to read as follows:
1235	1235	(c) An applicant may submit a request after the close of
1236	1236	early voting by personal appearance by appearing in person and:
1237	1237	(1) returning the ballot to be voted by mail to the
1238	1238	early voting clerk; or
1239	1239	(2) executing an affidavit that the applicant:
1240	1240	(A) has not received the ballot to be voted by
1241	1241	mail;
1242	1242	(B) never requested a ballot to be voted by mail;
1243	1243	or
1244	1244	(C) was contacted regarding [received notice of]
1245	1245	a defect under Section 87.0271(b) [or (c)] or 87.0411(b) [or (c)].
1246	1246	SECTION 4.06. Section 86.003, Election Code, is amended by
1247	1247	amending Subsection (a) and adding Subsection (e) to read as
1248	1248	follows:
1249	1249	(a) Except as provided by Subsection (e) and Section
1250	1250	86.0031, the [The] balloting materials for voting by mail shall be
1251	1251	provided to the voter by mail. A ballot provided by any other method
1252	1252	may not be counted.
1253	1253	(e) If a voter who applies for early voting by mail has a
1254	1254	sickness or physical condition that prevents the voter from
1255	1255	appearing at the polling place on election day without a likelihood
1256	1256	of needing personal assistance or of injuring the voter's health,
1257	1257	or if the voter is expecting to give birth within three weeks before
1258	1258	or after election day, the balloting materials may be provided by
1259	1259	e-mail in PDF format, through a scanned format, or by any other
1260	1260	method of electronic transmission authorized by the secretary of
1261	1261	state. The secretary of state shall adopt procedures to implement
1262	1262	this subsection.
1263	1263	SECTION 4.07. Chapter 86, Election Code, is amended by
1264	1264	adding Section 86.0031 to read as follows:
1265	1265	Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING
1266	1266	BALLOT. (a) A voter voting by mail on the ground of absence from
1267	1267	the voter's county of residence may elect to receive the balloting
1268	1268	materials by electronic transmission on the voter's application for
1269	1269	an early voting ballot to be voted by mail.
1270	1270	(b) Balloting materials to be sent by electronic
1271	1271	transmission under this section include:
1272	1272	(1) the appropriate ballot;
1273	1273	(2) ballot instructions, including instructions that
1274	1274	inform a voter that the ballot must be returned by mail to be
1275	1275	counted;
1276	1276	(3) instructions prescribed by the secretary of state
1277	1277	on how to create a ballot envelope and carrier envelope or signature
1278	1278	sheet for the ballot; and
1279	1279	(4) a list of certified write-in candidates, if
1280	1280	applicable.
1281	1281	(c) The balloting materials may be provided by e-mail to the
1282	1282	voter in PDF format, through a scanned format, or by any other
1283	1283	method of electronic transmission authorized by the secretary of
1284	1284	state.
1285	1285	(d) An e-mail address used under this section to request
1286	1286	balloting materials is confidential and does not constitute public
1287	1287	information for purposes of Chapter 552, Government Code. An early
1288	1288	voting clerk shall ensure that a voter's e-mail address provided
1289	1289	under this section is excluded from public disclosure.
1290	1290	(e) The secretary of state shall prescribe procedures to
1291	1291	implement this section.
1292	1292	SECTION 4.08. Section 86.015(c), Election Code, is amended
1293	1293	to read as follows:
1294	1294	(c) An online tool used under this section must:
1295	1295	(1) for each election, record:
1296	1296	(A) each application for a ballot to be voted by
1297	1297	mail received by the clerk; and
1298	1298	(B) each carrier envelope sent to a voter by the
1299	1299	clerk;
1300	1300	(2) for each carrier envelope, record or assign a
1301	1301	serially numbered and sequentially issued barcode or tracking
1302	1302	number that is unique to each envelope;
1303	1303	(3) update the applicable Internet website as soon as
1304	1304	practicable after each of the following events occurs:
1305	1305	(A) receipt by the early voting clerk of the
1306	1306	person's application for a ballot to be voted by mail;
1307	1307	(B) acceptance or rejection by the early voting
1308	1308	clerk of the person's application for a ballot to be voted by mail;
1309	1309	(C) placement in the mail by the early voting
1310	1310	clerk of the person's official ballot;
1311	1311	(D) receipt by the early voting clerk of the
1312	1312	person's marked ballot; and
1313	1313	(E) acceptance or rejection by the early voting
1314	1314	ballot board of a person's marked ballot; and
1315	1315	(4) allow a voter to:
1316	1316	(A) submit a statement of residency;
1317	1317	(B) provide any information with respect to a
1318	1318	witness;
1319	1319	(C) attest to a contested signature or provide a
1320	1320	signature for a carrier envelope certificate; and
1321	1321	(D) correct any other issue with an application
1322	1322	or ballot the secretary of state determines is appropriate to cure
1323	1323	using the online tool described by Subsection (a) [add or correct
1324	1324	information required under Section 84.002(a)(1-a) or Section
1325	1325	86.002(g)].
1326	1326	SECTION 4.09. Section 87.0223(a), Election Code, is amended
1327	1327	to read as follows:
1328	1328	(a) If the early voting clerk has provided a voter a ballot
1329	1329	to be voted by mail by both regular mail and electronic transmission
1330	1330	or e-mail under Chapter 101A or Subchapter C, Chapter 101, the clerk
1331	1331	may not deliver a jacket envelope containing the early voting
1332	1332	ballot voted by mail by the voter to the board until:
1333	1333	(1) both ballots are returned; or
1334	1334	(2) the deadline for returning marked ballots under
1335	1335	Section 86.007 has passed.
1336	1336	SECTION 4.10. Section 87.0271, Election Code, is amended to
1337	1337	read as follows:
1338	1338	Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE
1339	1339	VERIFICATION COMMITTEE. (a) This section applies to an early
1340	1340	voting ballot voted by mail:
1341	1341	(1) for which the voter did not sign the carrier
1342	1342	envelope certificate;
1343	1343	(2) for which it cannot immediately be determined
1344	1344	whether the signature on the carrier envelope certificate is that
1345	1345	of the voter; or
1346	1346	(3) [missing any required statement of residence;
1347	1347	[(4) missing information or containing incorrect
1348	1348	information required under Section 84.002(a)(1-a) or Section
1349	1349	86.002; or
1350	1350	[(5)] containing incomplete information with respect
1351	1351	to a witness.
1352	1352	(b) Before deciding [Not later than the second business day
1353	1353	after a signature verification committee discovers a defect
1354	1354	described by Subsection (a) and before the committee decides]
1355	1355	whether to accept or reject a [timely delivered] ballot under
1356	1356	Section 87.027, a signature verification [the] committee shall
1357	1357	immediately contact [:
1358	1358	[(1) determine if it would be possible for] the voter
1359	1359	or witness, as appropriate, to advise the voter or witness of the
1360	1360	defect. The committee shall include detailed instructions
1361	1361	regarding how to correct the defect in person at the early voting
1362	1362	clerk's office [and return the carrier envelope before the time the
1363	1363	polls are required to close on election day; and
1364	1364	[(2) return the carrier envelope to the voter by mail,
1365	1365	if the committee determines that it would be possible for the voter
1366	1366	to correct the defect and return the carrier envelope before the
1367	1367	time the polls are required to close on election day].
1368	1368	(c) Subsection (b) does not apply if [If] the signature
1369	1369	verification committee determines [under Subsection (b)(1)] that
1370	1370	it would [not] be impossible [possible for the voter] to correct the
1371	1371	defect [and return the carrier envelope] before the fourth [time
1372	1372	the polls are required to close on election day, the committee may
1373	1373	notify the voter of the defect by telephone or e-mail and inform the
1374	1374	voter that the voter may request to have the voter's application to
1375	1375	vote by mail canceled in the manner described by Section 84.032 or
1376	1376	come to the early voting clerk's office in person not later than the
1377	1377	sixth] day after election day [to correct the defect].
1378	1378	(d) [If the signature verification committee takes an
1379	1379	action described by Subsection (b) or (c), the committee must take
1380	1380	either action described by that subsection with respect to each
1381	1381	ballot in the election to which this section applies.
1382	1382	[(e) A poll watcher is entitled to observe an action taken
1383	1383	under Subsection (b) or (c).
1384	1384	[(f)] The secretary of state may adopt rules [prescribe any
1385	1385	procedures necessary] to implement this section.
1386	1386	[(g) Notwithstanding any other law, a ballot may not be
1387	1387	finally rejected for a reason listed in Section 87.041(b)(1), (2),
1388	1388	or (6) before the seventh day after election day.]
1389	1389	SECTION 4.11. Section 87.0411, Election Code, is amended to
1390	1390	read as follows:
1391	1391	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
1392	1392	BALLOT BOARD. (a) This section applies to an early voting ballot
1393	1393	voted by mail:
1394	1394	(1) for which the voter did not sign the carrier
1395	1395	envelope certificate;
1396	1396	(2) for which it cannot immediately be determined
1397	1397	whether the signature on the carrier envelope certificate is that
1398	1398	of the voter; or
1399	1399	(3) [missing any required statement of residence;
1400	1400	[(4) missing information or containing incorrect
1401	1401	information required under Section 84.002(a)(1-a) or Section
1402	1402	86.002; or
1403	1403	[(5)] containing incomplete information with respect
1404	1404	to a witness.
1405	1405	(b) Before deciding [Not later than the second business day
1406	1406	after an early voting ballot board discovers a defect described by
1407	1407	Subsection (a) and before the board decides] whether to accept or
1408	1408	reject a [timely delivered] ballot under Section 87.041, the board
1409	1409	shall immediately contact[:
1410	1410	[(1) determine if it would be possible for] the voter
1411	1411	or witness, as appropriate, to advise the voter or witness of the
1412	1412	defect. The board shall include detailed instructions regarding
1413	1413	how to correct the defect in person at the early voting clerk's
1414	1414	office [and return the carrier envelope before the time the polls
1415	1415	are required to close on election day; and
1416	1416	[(2) return the carrier envelope to the voter by mail,
1417	1417	if the board determines that it would be possible for the voter to
1418	1418	correct the defect and return the carrier envelope before the time
1419	1419	the polls are required to close on election day].
1420	1420	(c) Subsection (b) does not apply if [If] the early voting
1421	1421	ballot board determines [under Subsection (b)(1)] that it would
1422	1422	[not] be impossible [possible for the voter] to correct the defect
1423	1423	[and return the carrier envelope] before the fourth [time the polls
1424	1424	are required to close on election day, the board may notify the
1425	1425	voter of the defect by telephone or e-mail and inform the voter that
1426	1426	the voter may request to have the voter's application to vote by
1427	1427	mail canceled in the manner described by Section 84.032 or come to
1428	1428	the early voting clerk's office in person not later than the sixth]
1429	1429	day after election day [to correct the defect].
1430	1430	(d) [If the early voting ballot board takes an action
1431	1431	described by Subsection (b) or (c), the board must take either
1432	1432	action described by that subsection with respect to each ballot in
1433	1433	the election to which this section applies.
1434	1434	[(e) A poll watcher is entitled to observe an action taken
1435	1435	under Subsection (b) or (c).
1436	1436	[(f)] The secretary of state may adopt rules [prescribe any
1437	1437	procedures necessary] to implement this section.
1438	1438	[(g) Notwithstanding any other law, a ballot may not be
1439	1439	finally rejected for a reason listed in Section 87.041(b)(1), (2),
1440	1440	or (6) before the seventh day after election day.]
1441	1441	SECTION 4.12. Section 87.0431(a), Election Code, is amended
1442	1442	to read as follows:
1443	1443	(a) Not later than the 10th day after election day, the
1444	1444	presiding judge of the early voting ballot board shall deliver
1445	1445	written notice of the reason for the rejection of a ballot to the
1446	1446	voter at the residence address on the ballot application. If the
1447	1447	ballot was transmitted to the voter by electronic transmission or
1448	1448	e-mail under Chapter 101A or Subchapter C, Chapter 101, the
1449	1449	presiding judge shall also provide the notice to the e-mail address
1450	1450	to which the ballot was sent.
1451	1451	SECTION 4.13. Subtitle B, Title 7, Election Code, is
1452	1452	amended by adding Chapter 101A to read as follows:
1453	1453	CHAPTER 101A. ELECTRONIC TRANSMISSION OF EARLY VOTING BALLOTING
1454	1454	MATERIALS TO VOTERS WITH A DISABILITY
1455	1455	Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING
1456	1456	MATERIALS. (a) A person may request from the appropriate early
1457	1457	voting clerk electronic transmission of balloting materials under
1458	1458	this chapter if the person:
1459	1459	(1) submits an application for an early voting ballot
1460	1460	to be voted by mail; and
1461	1461	(2) either:
1462	1462	(A) has a sickness or physical condition that
1463	1463	prevents the voter from appearing at the polling place on election
1464	1464	day without a likelihood of needing personal assistance or of
1465	1465	injuring the voter's health; or
1466	1466	(B) is expecting to give birth within three weeks
1467	1467	before or after election day.
1468	1468	(b) The early voting clerk shall grant a request made under
1469	1469	this section for the electronic transmission of balloting materials
1470	1470	if:
1471	1471	(1) the requestor has submitted a valid application
1472	1472	for a ballot to be voted by mail;
1473	1473	(2) the requestor indicates on the application that
1474	1474	the requestor meets the requirements under Subsection (a)(2);
1475	1475	(3) the requestor provides an e-mail address with the
1476	1476	request;
1477	1477	(4) the request is submitted on or before the seventh
1478	1478	day before the date of the election; and
1479	1479	(5) a marked ballot for the election from the
1480	1480	requestor has not been received by the early voting clerk.
1481	1481	Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An
1482	1482	e-mail address used under this chapter to request balloting
1483	1483	materials is confidential and does not constitute public
1484	1484	information for purposes of Chapter 552, Government Code. An early
1485	1485	voting clerk shall ensure that a voter's e-mail address provided
1486	1486	under this chapter is excluded from public disclosure.
1487	1487	Sec. 101A.003. ELECTIONS COVERED. Balloting materials may
1488	1488	be sent electronically under this chapter for any election in which
1489	1489	the voter who registers under this chapter is eligible to vote.
1490	1490	Sec. 101A.004. BALLOTING MATERIALS TO BE SENT
1491	1491	ELECTRONICALLY. Balloting materials to be sent electronically
1492	1492	under this chapter include:
1493	1493	(1) the appropriate ballot;
1494	1494	(2) ballot instructions, including instructions that
1495	1495	inform a voter that the ballot must be returned by mail to be
1496	1496	counted;
1497	1497	(3) instructions prescribed by the secretary of state
1498	1498	on how to create a carrier envelope or signature sheet for the
1499	1499	ballot; and
1500	1500	(4) a list of certified write-in candidates, if
1501	1501	applicable.
1502	1502	Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The
1503	1503	balloting materials may be provided to the voter using a method of
1504	1504	electronic transmission authorized by the secretary of state.
1505	1505	(b) The secretary of state shall prescribe procedures for
1506	1506	the retransmission of balloting materials following an
1507	1507	unsuccessful transmission of the materials to a voter.
1508	1508	Sec. 101A.006. FORM OF BALLOT. (a) The balloting materials
1509	1509	provided electronically to a voter must allow a voter with a visual
1510	1510	impairment or print disability to electronically receive and mark
1511	1511	the voter's ballot using screen reader assistive technology.
1512	1512	(b) The secretary of state shall develop instructions
1513	1513	regarding the use and availability of the technology described by
1514	1514	Subsection (a), including instructions on making the technology
1515	1515	available to voters and instructions for counting ballots completed
1516	1516	using the technology.
1517	1517	Sec. 101A.007. RETURN OF BALLOT. (a) A voter who receives
1518	1518	a ballot under this chapter must return the ballot in the same
1519	1519	manner as required under Section 101.057 except that a voter who
1520	1520	completes a signature sheet is not required to complete a carrier
1521	1521	envelope. Except as provided by Chapter 105, the voter may not
1522	1522	return the ballot by electronic transmission.
1523	1523	(b) A ballot that is not returned as required by Subsection
1524	1524	(a) is considered a ballot not timely returned and is not sent to
1525	1525	the early voting ballot board for processing.
1526	1526	(c) The deadline for the return of a ballot under this
1527	1527	section is the same deadline as provided in Section 86.007.
1528	1528	Sec. 101A.008. RULES. The secretary of state may adopt
1529	1529	rules as necessary to implement this chapter.
1530	1530	SECTION 4.14. Section 104.004(e), Election Code, is amended
1531	1531	to read as follows:
1532	1532	(e) If the voter is physically unable to enter the early
1533	1533	voting polling place without personal assistance or a likelihood of
1534	1534	injuring the voter's health, the clerk shall deliver the balloting
1535	1535	materials to the voter at the polling place entrance or curb
1536	1536	following the procedures prescribed by Section 64.009.
1537	1537	ARTICLE 5. INDEPENDENT REDISTRICTING COMMISSION
1538	1538	SECTION 5.01. Subtitle A, Title 3, Government Code, is
1539	1539	amended by adding Chapter 307 to read as follows:
1540	1540	CHAPTER 307. INDEPENDENT REDISTRICTING COMMISSION
1541	1541	Sec. 307.001. DEFINITIONS. In this chapter:
1542	1542	(1) "Commission" means the independent redistricting
1543	1543	commission established under Article XVIII, Texas Constitution.
1544	1544	(2) "Redistricting plan" has the meaning assigned by
1545	1545	Section 1, Article XVIII, Texas Constitution.
1546	1546	Sec. 307.002. OATH. Before serving on the commission, each
1547	1547	person appointed shall take and subscribe to the constitutional
1548	1548	oath of office.
1549	1549	Sec. 307.003. ELIGIBILITY. The eligibility of a person to
1550	1550	serve on the commission is as prescribed by Article XVIII, Texas
1551	1551	Constitution.
1552	1552	Sec. 307.004. OPERATION OF COMMISSION. (a) The
1553	1553	legislature shall appropriate sufficient money for the
1554	1554	compensation and payment of the expenses of the commission members
1555	1555	and any staff employed by the commission.
1556	1556	(b) The commission shall be provided access to statistical
1557	1557	or other information compiled by the state or its political
1558	1558	subdivisions as necessary for the commission's duties.
1559	1559	(c) The Texas Legislative Council shall provide technical
1560	1560	staff and clerical services at the commission's request.
1561	1561	Sec. 307.005. DUTIES. The commission shall:
1562	1562	(1) adopt rules to carry out the constitutional duties
1563	1563	of the commission and to administer this chapter; and
1564	1564	(2) act as the legislature's recipient of the official
1565	1565	census and geographic data from the United States Census Bureau
1566	1566	pursuant to the federal decennial census.
1567	1567	Sec. 307.006. REDISTRICTING PLAN; FORM. The commission
1568	1568	shall include with each report under Section 49(2), Article XVIII,
1569	1569	Texas Constitution:
1570	1570	(1) for each district in the redistricting plan, the
1571	1571	total population and the percentage deviation from the average
1572	1572	district population;
1573	1573	(2) an explanation of the criteria used in developing
1574	1574	the redistricting plan with a justification of any population
1575	1575	deviation in a district from the average district population;
1576	1576	(3) a map or maps of all the districts; and
1577	1577	(4) the estimated cost to be incurred by the counties
1578	1578	for changes in county election precinct boundaries required to
1579	1579	conform to the districts adopted by the commission.
1580	1580	Sec. 307.007. REDISTRICTING PLAN STANDARDS. (a) A
1581	1581	redistricting plan adopted by the commission must conform to the
1582	1582	standards provided by Article XVIII, Texas Constitution.
1583	1583	(b) In developing a redistricting plan, the commission may
1584	1584	not consider:
1585	1585	(1) the potential effects of the districts on
1586	1586	incumbents or potential candidates for office;
1587	1587	(2) the residence of any elected official or potential
1588	1588	candidate for office;
1589	1589	(3) any information involving the past political
1590	1590	performance of a specific geographic area, except as necessary to
1591	1591	comply with federal law or Article XVIII, Texas Constitution; and
1592	1592	(4) data concerning party affiliation or voting
1593	1593	history, except as necessary to comply with federal law or Article
1594	1594	XVIII, Texas Constitution.
1595	1595	Sec. 307.008. DISCLOSURE OF DATA REQUIRED. The commission
1596	1596	shall make all redistricting plans submitted to the commission,
1597	1597	including the commission's preliminary redistricting plans,
1598	1598	hearing transcripts, minutes of meetings, maps, narrative
1599	1599	descriptions of proposed districts, and other data used by the
1600	1600	commission available to the public through the commission's
1601	1601	Internet website and other appropriate means.
1602	1602	Sec. 307.009. SUBMISSION OF PLAN. On adoption of a
1603	1603	preliminary or final redistricting plan by the commission, the
1604	1604	commission shall submit the redistricting plan to the governor, the
1605	1605	secretary of state, and the presiding officer of each house of the
1606	1606	legislature.
1607	1607	Sec. 307.010. OPERATIONS AFTER ADOPTION OF REDISTRICTING
1608	1608	PLANS. (a) Following the adoption of all redistricting plans that
1609	1609	the commission is required to adopt, the commission shall reduce or
1610	1610	suspend its staff, contractors, and operations to the extent
1611	1611	practicable.
1612	1612	(b) The commission shall prepare a financial statement
1613	1613	disclosing all expenditures made by the commission. The official
1614	1614	record of the commission must contain all relevant information
1615	1615	developed by the commission in carrying out its duties, including
1616	1616	maps, data, minutes of meetings, written communications, and other
1617	1617	information.
1618	1618	(c) The secretary of state shall preserve the commission's
1619	1619	records as provided by Section 16, Article XVIII, Texas
1620	1620	Constitution.
1621	1621	(d) Any unexpended money from an appropriation to the
1622	1622	commission reverts to the general revenue fund.
1623	1623	Sec. 307.011. CHALLENGES TO REDISTRICTING PLAN. After a
1624	1624	final redistricting plan is adopted by the commission, any person
1625	1625	aggrieved by the plan may file a petition with the supreme court
1626	1626	challenging the plan.
1627	1627	Sec. 307.012. CONVENING OF COMMISSION FOR REAPPORTIONMENT
1628	1628	OF JUDICIAL DISTRICTS. (a) If the Judicial Districts Board fails
1629	1629	to make a statewide reapportionment of judicial districts under
1630	1630	Subchapter F, Chapter 24, the commission shall convene on September
1631	1631	1 of the year provided by Section 7a(e), Article V, Texas
1632	1632	Constitution, to make the statewide reapportionment as required by
1633	1633	Section 24.946(a).
1634	1634	(b) The commission shall complete the reapportionment of
1635	1635	judicial districts as soon as possible within the time provided by
1636	1636	Section 7a(e), Article V, Texas Constitution.
1637	1637	(c) The commission's reapportionment of judicial districts
1638	1638	becomes effective as provided by Sections 24.948 and 24.949.
1639	1639	(d) Following the effective date of a reapportionment of
1640	1640	judicial districts, the commission shall reduce or suspend its
1641	1641	operations to the extent practicable.
1642	1642	SECTION 5.02. Section 42.032, Election Code, is amended to
1643	1643	read as follows:
1644	1644	Sec. 42.032. REDISTRICTING: BOUNDARY CHANGES. If changes in
1645	1645	county election precinct boundaries are necessary to give effect to
1646	1646	a redistricting plan under Article XVIII, [III, Section 28, of the]
1647	1647	Texas Constitution, each commissioners court shall order the
1648	1648	changes before October 1 of the year in which the redistricting is
1649	1649	done.
1650	1650	SECTION 5.03. Section 24.945(e), Government Code, is
1651	1651	amended to read as follows:
1652	1652	(e) The legislature, the Judicial Districts Board, or the
1653	1653	independent redistricting commission [Legislative Redistricting
1654	1654	Board] may not redistrict the judicial districts to provide for any
1655	1655	judicial district smaller in size than an entire county except as
1656	1656	provided by this subsection. Judicial districts smaller in size
1657	1657	than the entire county may be created subsequent to a general
1658	1658	election in which a majority of the persons voting on the
1659	1659	proposition adopt the proposition "to allow the division of
1660	1660	____________________ County into judicial districts composed of
1661	1661	parts of ____________________ County." A redistricting plan may
1662	1662	not be proposed or adopted by the legislature, the Judicial
1663	1663	Districts Board, or the independent redistricting commission
1664	1664	[Legislative Redistricting Board] in anticipation of a future
1665	1665	action by the voters of any county.
1666	1666	SECTION 5.04. Section 24.946(a), Government Code, is
1667	1667	amended to read as follows:
1668	1668	(a) The board shall meet in accordance with its own rules.
1669	1669	The board shall meet at least once in each interim between regular
1670	1670	sessions of the legislature and shall exercise its reapportionment
1671	1671	powers only in the interims between regular legislative sessions.
1672	1672	Meetings of the board shall be subject to the provisions of Chapter
1673	1673	551, except as otherwise provided by this subchapter. A
1674	1674	reapportionment may not be ordered in the interim immediately
1675	1675	following a regular session of the legislature in which a valid and
1676	1676	subsisting statewide reapportionment of judicial districts is
1677	1677	enacted by the legislature. Unless the legislature enacts a
1678	1678	statewide reapportionment of the judicial districts following each
1679	1679	federal decennial census, the board shall convene not later than
1680	1680	the first Monday of June of the third year following the year in
1681	1681	which the federal decennial census is taken to make a statewide
1682	1682	reapportionment of the districts. The board shall complete its
1683	1683	work on the reapportionment and file its order with the secretary of
1684	1684	state not later than August 31 of the same year. If the Judicial
1685	1685	Districts Board fails to make a statewide apportionment by that
1686	1686	date, the independent redistricting commission [Legislative
1687	1687	Redistricting Board] established under [by] Article XVIII, [III,
1688	1688	Section 28, of the] Texas Constitution, shall make a statewide
1689	1689	reapportionment of the judicial districts not later than the 90th
1690	1690	[150th] day after the final day for the Judicial Districts Board to
1691	1691	make the reapportionment, and that apportionment takes effect as
1692	1692	provided by Sections 24.948 and 24.949.
1693	1693	SECTION 5.05. Section 2058.002(a), Government Code, is
1694	1694	amended to read as follows:
1695	1695	(a) The legislature or the independent redistricting
1696	1696	commission established [Legislative Redistricting Board] under
1697	1697	Article XVIII, [III, Section 28, of the] Texas Constitution, may
1698	1698	officially recognize or act on a federal decennial census before
1699	1699	September 1 of the year after the calendar year during which the
1700	1700	census was taken.
1701	1701	ARTICLE 6. AGE OF VOTER
1702	1702	SECTION 6.01. Section 13.001, Election Code, is amended by
1703	1703	amending Subsections (a) and (b) and adding Subsections (d) and (e)
1704	1704	to read as follows:
1705	1705	(a) To be eligible for registration as a voter in this
1706	1706	state, a person must:
1707	1707	(1) except as provided by Subsection (d), be 18 years
1708	1708	of age or older;
1709	1709	(2) be a United States citizen;
1710	1710	(3) not have been determined by a final judgment of a
1711	1711	court exercising probate jurisdiction to be:
1712	1712	(A) totally mentally incapacitated; or
1713	1713	(B) partially mentally incapacitated without the
1714	1714	right to vote;
1715	1715	(4) not have been finally convicted of a felony or, if
1716	1716	so convicted, must not currently be incarcerated for that offense
1717	1717	[have:
1718	1718	[(A) fully discharged the person's sentence,
1719	1719	including any term of incarceration, parole, or supervision, or
1720	1720	completed a period of probation ordered by any court; or
1721	1721	[(B) been pardoned or otherwise released from the
1722	1722	resulting disability to vote]; and
1723	1723	(5) be a resident of the county in which application
1724	1724	for registration is made.
1725	1725	(b) Except as provided by Subsection (d), to [To] be
1726	1726	eligible to apply for registration, a person must, on the date the
1727	1727	registration application is submitted to the registrar, be at least
1728	1728	17 years [and 10 months] of age and satisfy the requirements of
1729	1729	Subsection (a) except for age.
1730	1730	(d) A person who will be 18 years of age or older on the date
1731	1731	of the next general election for state and county officers is
1732	1732	eligible to register as a voter in this state for the purposes of
1733	1733	voting in the primary election to determine a political party's
1734	1734	nominees for the general election if the person satisfies the
1735	1735	requirements of Subsection (a) except for age. The secretary of
1736	1736	state shall prescribe procedures necessary to implement this
1737	1737	subsection.
1738	1738	(e) The voter registrar may send a written notice to each
1739	1739	person who registers to vote under Subsection (d) stating that the
1740	1740	person is only eligible to vote in a primary election or runoff
1741	1741	primary election and that the person is not eligible to vote in any
1742	1742	other election until the person is 18 years of age. The notice may
1743	1743	list the elections in which the person is not eligible to vote.
1744	1744	SECTION 6.02. Subchapter A, Chapter 172, Election Code, is
1745	1745	amended by adding Section 172.005 to read as follows:
1746	1746	Sec. 172.005. VOTING BY PERSON UNDER AGE 18. (a)
1747	1747	Notwithstanding Section 11.001, a person may vote in a primary
1748	1748	election if the person:
1749	1749	(1) will be 18 years of age or older on the date of the
1750	1750	subsequent general election for state and county officers; and
1751	1751	(2) satisfies the requirements for being a qualified
1752	1752	voter except for age.
1753	1753	(b) The secretary of state, after consulting with the state
1754	1754	chair of each political party required to make nominations by
1755	1755	primary election, shall prescribe the procedures necessary to
1756	1756	implement this section.
1757	1757	ARTICLE 7. REPEALER; TRANSITION; EFFECTIVE DATE
1758	1758	SECTION 7.01. The following provisions of the Election Code
1759	1759	are repealed:
1760	1760	(1) Section 43.007(i);
1761	1761	(2) Section 82.001;
1762	1762	(3) Section 82.002;
1763	1763	(4) Section 82.003;
1764	1764	(5) Section 82.004;
1765	1765	(6) Section 82.008;
1766	1766	(7) Sections 84.002(b), (b-1), and (c);
1767	1767	(8) Section 84.0111;
1768	1768	(9) Sections 86.001(f), (f-1), and (f-2);
1769	1769	(10) Sections 86.002(g) and (h);
1770	1770	(11) Section 87.041(d-1);
1771	1771	(12) Section 112.002(b);
1772	1772	(13) Section 276.016; and
1773	1773	(14) Section 276.017.
1774	1774	SECTION 7.02. The secretary of state shall adopt rules as
1775	1775	required by Section 63.010, Election Code, as added by this Act, not
1776	1776	later than February 1, 2024.
1777	1777	SECTION 7.03. The changes in law made by this Act by adding
1778	1778	Sections 12.007 and 63.010, Election Code, and amending Section
1779	1779	85.031(a), Election Code, apply only to an election for which early
1780	1780	voting by personal appearance begins on or after February 1, 2024.
1781	1781	SECTION 7.04. The change in law made to Section 13.046(h),
1782	1782	Election Code, as amended by this Act, applies beginning with the
1783	1783	2023-2024 school year.
1784	1784	SECTION 7.05. Except as provided by this article, the
1785	1785	changes in law made by this Act apply only to an election ordered on
1786	1786	or after September 1, 2023.
1787	1787	SECTION 7.06. (a) Except as provided by Subsections (b)
1788	1788	and (c) of this section, this Act takes effect September 1, 2023.
1789	1789	(b) Article 5 of this Act takes effect January 1, 2029, but
1790	1790	only if the constitutional amendment proposed by the 88th
1791	1791	Legislature, Regular Session, 2023, establishing an independent
1792	1792	redistricting commission to establish districts for the election of
1793	1793	the members of the United States House of Representatives elected
1794	1794	from this state, the Texas Senate, and the Texas House of
1795	1795	Representatives is approved by the voters. If that proposed
1796	1796	constitutional amendment is not approved by the voters, this Act
1797	1797	has no effect.
1798	1798	(c) Article 6 of this Act takes effect on the date on which
1799	1799	the constitutional amendment proposed by the 88th Legislature,
1800	1800	Regular Session, 2023, authorizing a person who will be 18 years of
1801	1801	age or older on the date of the general election for state and
1802	1802	county officers to vote in the preceding primary election takes
1803	1803	effect. If that amendment is not approved by the voters, this Act
1804	1804	has no effect.