88R13400 TSS-F
By: Hayes H.B. No. 4036
A BILL TO BE ENTITLED
AN ACT
relating to permitting poll watchers to observe certain procedures
of correcting a defect in an early voting ballot voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 87.0271, Election Code, is amended by
amending Subsections (c) and (e) and adding Subsections (e-1) and
(h) to read as follows:
(c) If the signature verification committee determines
under Subsection (b)(1) that it would not be possible for the voter
to correct the defect and return the carrier envelope before the
time the polls are required to close on election day, the committee
may notify the voter of the defect by telephone or e-mail and inform
the voter that the voter may request to have the voter's application
to vote by mail canceled in the manner described by Section 84.032
or come to the early voting clerk's office in person not later than
the sixth day after election day to correct the defect, subject to
Subsection (h).
(e) A poll watcher is entitled to observe an action taken
under Subsection (b), [or] (c), or (h).
(e-1) A poll watcher who wishes to observe an action under
Subsection (b), (c), or (h) shall submit the watcher's name, e-mail
address, and phone number to the chair of the signature
verification committee. Not less than four hours before taking an
action under Subsection (b), (c), or (h), the signature
verification committee must provide notice by phone and e-mail to
each watcher who has submitted the information required by this
subsection, including the date, time, and place the action will be
taken.
(h) A defect in a ballot may not be corrected in person
unless two members of the signature verification committee
appointed under Section 87.027(d) are present, each being aligned
with a different political party, if applicable.
SECTION 2. The changes in law made by this Act apply only to
an election held on or after the effective date of this Act. An
election held before the effective date of this Act is governed by
the law in effect when the election was held, and that law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2023.