Texas 2023 - 88th Regular

Texas House Bill HB4560 Compare Versions

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1	1	88R14129 TSS-D
2	2	By: Bucy H.B. No. 4560
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to ballots voted by mail and the prosecution of the offense
8	8	of unlawful solicitation and distribution of an application to vote
9	9	by mail.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 84.002(a), Election Code, is amended to
12	12	read as follows:
13	13	(a) An early voting ballot application must include:
14	14	(1) the applicant's name and the address at which the
15	15	applicant is registered to vote;
16	16	(1-a) one of the following [information]:
17	17	(A) the number of the applicant's driver's
18	18	license, election identification certificate, or personal
19	19	identification card issued by the Department of Public Safety;
20	20	(B) [if the applicant has not been issued a
21	21	number described by Paragraph (A),] the last four digits of the
22	22	applicant's social security number; or
23	23	(C) a statement by the applicant that the
24	24	applicant has not been issued a number described by Paragraph (A) or
25	25	(B);
26	26	(2) for an application for a ballot to be voted by mail
27	27	on the ground of absence from the county of residence, the address
28	28	outside the applicant's county of residence to which the ballot is
29	29	to be mailed;
30	30	(3) for an application for a ballot to be voted by mail
31	31	on the ground of age or disability, the address of the hospital,
32	32	nursing home or other long-term care facility, or retirement
33	33	center, or of a person related to the applicant within the second
34	34	degree by affinity or the third degree by consanguinity, as
35	35	determined under Chapter 573, Government Code, if the applicant is
36	36	living at that address and that address is different from the
37	37	address at which the applicant is registered to vote;
38	38	(4) for an application for a ballot to be voted by mail
39	39	on the ground of confinement in jail, the address of the jail or of a
40	40	person related to the applicant within the degree of consanguinity
41	41	described by Subdivision (3);
42	42	(5) for an application for a ballot to be voted by mail
43	43	on any ground, an indication of each election for which the
44	44	applicant is applying for a ballot;
45	45	(6) an indication of the ground of eligibility for
46	46	early voting; and
47	47	(7) for an application for a ballot to be voted by mail
48	48	on the ground of involuntary civil commitment, the address of the
49	49	facility operated by or under contract with the Texas Civil
50	50	Commitment Office or of a person related to the applicant within the
51	51	degree of consanguinity described by Subdivision (3).
52	52	SECTION 2. Section 86.002(g), Election Code, is amended to
53	53	read as follows:
54	54	(g) The carrier envelope must include a space that is hidden
55	55	from view when the envelope is sealed for the voter to enter any one
56	56	of the following [information]:
57	57	(1) the number of the voter's driver's license,
58	58	election identification certificate, or personal identification
59	59	card issued by the Department of Public Safety;
60	60	(2) [if the voter has not been issued a number
61	61	described by Subdivision (1),] the last four digits of the voter's
62	62	social security number; or
63	63	(3) a statement by the applicant that the applicant
64	64	has not been issued a number described by Subdivision (1) or (2).
65	65	SECTION 3. Section 86.008, Election Code, is amended by
66	66	amending Subsections (a), (b), and (c) and adding Subsections
67	67	(b-1), (b-2), and (b-3) to read as follows:
68	68	(a) If on reviewing an application for a ballot to be voted
69	69	by mail that was received on or before the deadline provided by
70	70	Section 84.007(c) or 86.0015(b-1), as applicable, [18th day before
71	71	election day] the early voting clerk determines that the
72	72	application does not fully comply with the applicable requirements
73	73	prescribed by this title, including the requirements provided by
74	74	Section 84.002, the clerk shall deliver the notice required under
75	75	Subsection (b), either by mail or in person, to the applicant and
76	76	notify the applicant of the defect by at least one of the following
77	77	additional methods determined by the clerk to provide sufficient
78	78	time before the deadline provided by Section 84.007(c) or
79	79	86.0015(b-1) for the applicant to correct the defect:
80	80	(1) telephonic facsimile machine;
81	81	(2) telephone;
82	82	(3) e-mail; or
83	83	(4) another method reasonably calculated to reach the
84	84	applicant [otherwise deliver an official application form to the
85	85	applicant].
86	86	(b) The clerk shall include with the notice [application
87	87	form mailed or] delivered to the applicant [a written notice
88	88	containing]:
89	89	(1) a brief explanation of each defect in the
90	90	noncomplying application;
91	91	(2) a statement informing the voter that the voter is
92	92	not entitled to vote an early voting ballot unless the application
93	93	complies with all legal requirements; and
94	94	(3) instructions for timely submitting:
95	95	(A) a [the] second application; or
96	96	(B) a corrective action form developed and made
97	97	available by the secretary of state under Subsection (b-3).
98	98	(b-1) The clerk shall, if possible, permit an applicant to
99	99	correct a defect under this section using the online tool described
100	100	by Section 86.015.
101	101	(b-2) To be considered timely under Subsection (b)(3), a
102	102	second application or corrective action form must be submitted to
103	103	the clerk by the deadline provided for the submission of
104	104	applications by Section 84.007(c) or 86.0015(b-1), as applicable,
105	105	either by mail, in person, or using the online tool described by
106	106	Section 86.015.
107	107	(b-3) The secretary of state shall develop and make
108	108	available on the secretary of state's Internet website a corrective
109	109	action form that provides information regarding the process of
110	110	correcting a defect in an application and that may be completed and
111	111	submitted to a clerk under this section to correct a defect.
112	112	(c) If an application that does not fully comply with the
113	113	applicable requirements prescribed by this title is received after
114	114	the deadline provided by Section 84.007(c) or 86.0015(b-1), as
115	115	applicable, [12th day before election day] and before the end of the
116	116	period for early voting by personal appearance, the clerk shall
117	117	mail or otherwise deliver a notice to the voter containing the
118	118	information prescribed by Subdivisions (1) and (2) of Subsection
119	119	(b), including a statement that the application was late, if
120	120	applicable.
121	121	SECTION 4. Section 86.011, Election Code, is amended by
122	122	amending Subsection (d) and adding Subsections (e) and (f) to read
123	123	as follows:
124	124	(d) Notwithstanding any other provisions of this code, if
125	125	the clerk receives a timely carrier envelope that does not fully
126	126	comply with the applicable requirements prescribed by this title,
127	127	the clerk shall [may] deliver the carrier envelope, either in
128	128	person or by mail, and notify the voter of the defect by at least one
129	129	of the following methods determined by the clerk to provide
130	130	sufficient time before the sixth day after election day for the
131	131	voter to correct the defect:
132	132	(1) telephonic facsimile machine;
133	133	(2) telephone;
134	134	(3) e-mail; or
135	135	(4) another method reasonably calculated to reach the
136	136	voter.
137	137	(e) The [to the voter and may receive, before the deadline,
138	138	the corrected carrier envelope from the voter, or the clerk may
139	139	notify the voter of the defect by telephone and advise the voter
140	140	that the] voter may [come to the clerk's office in person to correct
141	141	the defect or] cancel the voter's application to vote by mail and
142	142	vote on election day or, before the sixth day after election day,
143	143	deliver a corrected carrier envelope to the clerk by mail or in
144	144	person.
145	145	(f) If the procedures authorized by this subsection are
146	146	used, they must be applied uniformly to all carrier envelopes
147	147	covered by this subsection. A poll watcher is entitled to observe
148	148	the procedures under this subsection. The secretary of state may
149	149	prescribe any other procedures necessary to implement this
150	150	subsection including requirements for posting notice of any
151	151	deliveries.
152	152	SECTION 5. Section 86.015(c), Election Code, is amended to
153	153	read as follows:
154	154	(c) An online tool used under this section must:
155	155	(1) for each election, record:
156	156	(A) each application for a ballot to be voted by
157	157	mail received by the clerk; and
158	158	(B) each carrier envelope sent to a voter by the
159	159	clerk;
160	160	(2) for each carrier envelope, record or assign a
161	161	serially numbered and sequentially issued barcode or tracking
162	162	number that is unique to each envelope;
163	163	(3) update the applicable Internet website as soon as
164	164	practicable after each of the following events occurs:
165	165	(A) receipt by the early voting clerk of the
166	166	person's application for a ballot to be voted by mail;
167	167	(B) acceptance or rejection by the early voting
168	168	clerk of the person's application for a ballot to be voted by mail;
169	169	(C) placement in the mail by the early voting
170	170	clerk of the person's official ballot;
171	171	(D) receipt by the early voting clerk of the
172	172	person's marked ballot; and
173	173	(E) acceptance or rejection by the early voting
174	174	ballot board of a person's marked ballot; and
175	175	(4) allow a voter to add information to or correct a
176	176	defect in an application for a ballot to be voted by mail, a carrier
177	177	envelope, or a ballot to be voted by mail [information required]
178	178	under Section 86.008, 86.011(d), 87.0271, or 87.0411 [Section
179	179	84.002(a)(1-a) or Section 86.002(g)].
180	180	SECTION 6. Section 87.022, Election Code, is amended to
181	181	read as follows:
182	182	Sec. 87.022. TIME OF DELIVERY: BALLOT TO BE VOTED BY MAIL
183	183	[GENERAL RULE]. (a) A jacket envelope containing an early voting
184	184	ballot voted by mail [Except as provided by Section 87.0221,
185	185	87.0222, 87.023, or 87.024, the materials] shall be delivered to
186	186	the early voting ballot board not earlier than the 30th day before
187	187	election day and not later than the time the polls are required to
188	188	close [under this subchapter during the time the polls are open] on
189	189	election day, or as soon after the polls close as practicable, at
190	190	the time or times specified by the presiding judge of the board.
191	191	This subsection applies to the delivery of jacket envelopes
192	192	containing ballots voted by mail regardless of whether the ballots
193	193	are to be counted by automatic tabulating equipment.
194	194	(b) The early voting clerk shall post at the main early
195	195	voting polling place and on the clerk's Internet website notice of
196	196	each delivery of materials under this section that is to be made
197	197	before the time for opening the polls on election day. The notice
198	198	shall be posted continuously for at least 24 hours immediately
199	199	preceding the delivery.
200	200	(c) At least 24 hours before each delivery, the early voting
201	201	clerk shall notify the county chair of each political party having a
202	202	nominee on the ballot in person or by telephonic facsimile machine,
203	203	telephone, or e-mail of the time the delivery is to be made.
204	204	(d) The early voting clerk shall post at the main early
205	205	voting polling place and on the clerk's Internet website notice of
206	206	the dates and times that the board is scheduled to review or count
207	207	ballots. The notice shall be posted for at least 24 hours
208	208	immediately preceding the review or count.
209	209	SECTION 7. Section 87.0221, Election Code, is amended to
210	210	read as follows:
211	211	Sec. 87.0221. TIME OF DELIVERY: EARLY VOTING [PAPER]
212	212	BALLOTS VOTED BY PERSONAL APPEARANCE. (a) Early [In an election in
213	213	which regular paper ballots are used for early] voting ballots
214	214	voted by personal appearance [or by mail, the materials] may be
215	215	delivered to the board between the end of the period for early
216	216	voting by personal appearance and the closing of the polls on
217	217	election day, or as soon after closing as practicable, at the time
218	218	or times specified by the presiding judge of the board. This
219	219	subsection applies to the delivery of ballots voted early by
220	220	personal appearance regardless of whether the ballots are to be
221	221	counted by automatic tabulating equipment.
222	222	(b) The early voting clerk shall post at the main early
223	223	voting polling place and on the clerk's Internet website notice of
224	224	each delivery of materials under this section that is to be made
225	225	before the time for opening the polls on election day. The notice
226	226	shall be posted [at the main early voting polling place]
227	227	continuously for at least 24 hours immediately preceding the
228	228	delivery.
229	229	(c) At least 24 hours before each delivery, the early voting
230	230	clerk shall notify the county chair of each political party having a
231	231	nominee on the ballot in person or by telephonic facsimile machine,
232	232	telephone, or e-mail of the time the delivery is to be made.
233	233	(d) The early voting clerk shall post at the main early
234	234	voting polling place and on the clerk's Internet website notice of
235	235	the dates and times that the board is scheduled to review or count
236	236	ballots. The notice shall be posted for at least 24 hours
237	237	immediately preceding the review or count.
238	238	SECTION 8. Section 87.0241(a), Election Code, is amended to
239	239	read as follows:
240	240	(a) The early voting ballot board may determine whether to
241	241	accept early voting ballots voted by mail in accordance with
242	242	Section 87.041 at any time after the ballots are delivered to the
243	243	board under Section 87.022.
244	244	SECTION 9. Section 87.0271, Election Code, is amended by
245	245	amending Subsections (b), (c), (d), and (e) and adding Subsections
246	246	(b-1) and (c-1) to read as follows:
247	247	(b) Not later than the second [business] day after a
248	248	signature verification committee discovers a defect described by
249	249	Subsection (a) and before the committee decides whether to accept
250	250	or reject a timely delivered ballot under Section 87.027, the
251	251	committee shall:
252	252	(1) notify the voter of the defect by at least one of
253	253	the following methods determined by the committee to provide
254	254	sufficient time before the sixth day after election day for the
255	255	voter to correct the defect:
256	256	(A) telephonic facsimile machine;
257	257	(B) telephone;
258	258	(C) e-mail; or
259	259	(D) another method reasonably calculated to
260	260	reach the voter; and
261	261	(2) mail the voter a notice of defect and a corrective
262	262	action form developed and made available by the secretary of state
263	263	under Subsection (c-1) [determine] if it would be possible for the
264	264	voter to receive the notice and form and correct the defect [and
265	265	return the carrier envelope] before the [time the polls are
266	266	required to close on] sixth day after election day [; and
267	267	[(2) return the carrier envelope to the voter by mail,
268	268	if the committee determines that it would be possible for the voter
269	269	to correct the defect and return the carrier envelope before the
270	270	time the polls are required to close on election day].
271	271	(b-1) The signature verification committee shall include
272	272	with the notice delivered to the applicant:
273	273	(1) a brief explanation of each defect in the
274	274	noncomplying ballot;
275	275	(2) a statement informing the voter that for the
276	276	voter's vote to be counted the voter must either correct the defect
277	277	in the ballot or cancel the voter's application to vote by mail and
278	278	vote in person; and
279	279	(3) instructions for:
280	280	(A) canceling the voter's application to vote by
281	281	mail in the manner described by Section 84.032; and
282	282	(B) correcting the defect in the voter's ballot
283	283	by submitting a corrective action form developed and made available
284	284	by the secretary of state under Subsection (c-1).
285	285	(c) The [If the] signature verification committee shall
286	286	permit a voter to correct a defect [determines under Subsection
287	287	(b)(1) that it would not be possible for the voter to correct the
288	288	defect and return the carrier envelope before the time the polls are
289	289	required to close on election day, the committee may notify the
290	290	voter of the defect by telephone or e-mail and inform the voter that
291	291	the voter may request to have the voter's application to vote by
292	292	mail canceled in the manner described by Section 84.032 or come to
293	293	the early voting clerk's office in person] not later than the sixth
294	294	day after election day by:
295	295	(1) returning the corrective action form developed and
296	296	made available by the secretary of state under Subsection (c-1);
297	297	(2) using the online tool described by Section 86.015,
298	298	if possible; or
299	299	(3) coming to the early voting clerk's office in person
300	300	[to correct the defect].
301	301	(c-1) The secretary of state shall develop and make
302	302	available on the secretary of state's Internet website a corrective
303	303	action form that provides information regarding the process of
304	304	correcting a defect in a ballot to be voted by mail and that may be
305	305	completed and submitted to a signature verification committee under
306	306	this section to correct a defect.
307	307	(d) If the signature verification committee takes an action
308	308	described by Subsection (b) [or (c)], the committee must take the
309	309	[either] action described by that subsection with respect to each
310	310	ballot in the election to which this section applies.
311	311	(e) A poll watcher is entitled to observe an action taken
312	312	under Subsection (b) or (c)(3) [(c)].
313	313	SECTION 10. Section 87.0411, Election Code, is amended by
314	314	amending Subsections (b), (c), (d), and (e) and adding Subsections
315	315	(b-1) and (c-1) to read as follows:
316	316	(b) Not later than the second [business] day after an early
317	317	voting ballot board discovers a defect described by Subsection (a)
318	318	and before the board decides whether to accept or reject a timely
319	319	delivered ballot under Section 87.041, the board shall:
320	320	(1) notify the voter of the defect by at least one of
321	321	the following methods determined by the board to provide sufficient
322	322	time before the sixth day after election day for the voter to
323	323	correct the defect:
324	324	(A) telephonic facsimile machine;
325	325	(B) telephone;
326	326	(C) e-mail; or
327	327	(D) another method reasonably calculated to
328	328	reach the voter; and
329	329	(2) mail the voter a notice of the defect and a
330	330	corrective action form developed and made available by the
331	331	secretary of state under Subsection (c-1) [determine] if it would
332	332	be possible for the voter to receive the notice and form and correct
333	333	the defect [and return the carrier envelope] before the [time the
334	334	polls are required to close on] sixth day after election day [; and
335	335	[(2) return the carrier envelope to the voter by mail,
336	336	if the board determines that it would be possible for the voter to
337	337	correct the defect and return the carrier envelope before the time
338	338	the polls are required to close on election day].
339	339	(b-1) The early voting ballot board shall include with the
340	340	notice delivered to the applicant:
341	341	(1) a brief explanation of each defect in the
342	342	noncomplying ballot;
343	343	(2) a statement informing the voter that for the
344	344	voter's vote to be counted the voter must either correct the defect
345	345	in the ballot or cancel the voter's application to vote by mail and
346	346	vote in person; and
347	347	(3) instructions for:
348	348	(A) canceling the voter's application to vote by
349	349	mail in the manner described by Section 84.032; and
350	350	(B) correcting the defect in the voter's ballot
351	351	by submitting a corrective action form developed and made available
352	352	by the secretary of state under Subsection (c-1).
353	353	(c) The [If the] early voting ballot board shall permit a
354	354	voter to correct a defect [determines under Subsection (b)(1) that
355	355	it would not be possible for the voter to correct the defect and
356	356	return the carrier envelope before the time the polls are required
357	357	to close on election day, the board may notify the voter of the
358	358	defect by telephone or e-mail and inform the voter that the voter
359	359	may request to have the voter's application to vote by mail canceled
360	360	in the manner described by Section 84.032 or come to the early
361	361	voting clerk's office in person] not later than the sixth day after
362	362	election day by:
363	363	(1) returning the corrective action form developed and
364	364	made available by the secretary of state under Subsection (c-1);
365	365	(2) using the online tool described by Section 86.015,
366	366	if possible; or
367	367	(3) coming to the early voting clerk's office in person
368	368	[to correct the defect].
369	369	(c-1) The secretary of state shall develop and make
370	370	available on the secretary of state's Internet website a corrective
371	371	action form that provides information regarding the process of
372	372	correcting a defect in a ballot to be voted by mail and that may be
373	373	completed and submitted to the early voting ballot board under this
374	374	section to correct a defect.
375	375	(d) If the early voting ballot board takes an action
376	376	described by Subsection (b) [or (c)], the board must take the
377	377	[either] action described by that subsection with respect to each
378	378	ballot in the election to which this section applies.
379	379	(e) A poll watcher is entitled to observe an action taken
380	380	under Subsection (b) or (c)(3) [(c)].
381	381	SECTION 11. Subchapter E, Chapter 127, Election Code, is
382	382	amended by adding Section 127.1233 to read as follows:
383	383	Sec. 127.1233. PROCESSING OF EARLY VOTING BALLOTS. (a) The
384	384	central counting station may process early voting ballots in the
385	385	same manner as the early voting ballot board under Section 87.0241.
386	386	(b) The manager of a central counting station shall notify
387	387	the early voting clerk of the time and place at which the early
388	388	voting clerk shall deliver the early voting ballots voted by mail
389	389	and the early voting ballots voted by personal appearance to the
390	390	central counting station. The notice provided under this subsection
391	391	may not be provided less than 24 hours before the time of delivery.
392	392	(c) The manager of the central counting station shall post
393	393	notice of the dates and times that the central counting station is
394	394	scheduled to process early voting ballots. The notice shall:
395	395	(1) specify the types of ballots that will be
396	396	processed;
397	397	(2) be posted not less than 24 hours before the
398	398	scheduled processing;
399	399	(3) be posted on a bulletin board maintained by the
400	400	authority which ordered the election for the purposes of posting
401	401	notice and to the authority's Internet website; and
402	402	(4) if the ballots being processed were voted in a
403	403	general election for state and county officers, also be sent to the
404	404	county chairs of each political party having a nominee on the
405	405	ballot.
406	406	(d) The secretary of state may prescribe any procedures
407	407	necessary to implement this section.
408	408	SECTION 12. Section 276.016(e), Election Code, is amended
409	409	to read as follows:
410	410	(e) Subsection (a) does not apply if the public official or
411	411	election official:
412	412	(1) provided general information about voting by mail,
413	413	the vote by mail process, or the timelines associated with voting to
414	414	a person or the public; or
415	415	(2) engaged in the conduct described by Subsection (a)
416	416	while:
417	417	(A) acting in the official's capacity as a
418	418	candidate for a public elective office;
419	419	(B) assisting a voter in the process of
420	420	completing an application to vote by mail; or
421	421	(C) answering a question regarding the voting
422	422	process asked by a voter who has requested an application to vote by
423	423	mail.
424	424	SECTION 13. The following provisions of the Election Code
425	425	are repealed:
426	426	(1) Section 87.0222;
427	427	(2) Section 87.0223;
428	428	(3) Section 87.023; and
429	429	(4) Section 87.024.
430	430	SECTION 14. The change in law made by this Act applies only
431	431	to an application for a ballot to be voted by mail submitted on or
432	432	after the effective date of this Act. An application for a ballot
433	433	to be voted by mail submitted before the effective date of this Act
434	434	is governed by the law in effect when the application was submitted,
435	435	and the former law is continued in effect for that purpose.
436	436	SECTION 15. The changes in law made by this Act apply only
437	437	to an election held on or after the effective date of this Act. An
438	438	election held before the effective date of this Act is governed by
439	439	the law in effect when the election was held, and that law is
440	440	continued in effect for that purpose.
441	441	SECTION 16. Section 276.016(e), Election Code, as amended
442	442	by this Act, applies only to an offense committed on or after the
443	443	effective date of this Act. An offense committed before the
444	444	effective date of this Act is governed by the law in effect on the
445	445	date the offense was committed, and the former law is continued in
446	446	effect for that purpose. For purposes of this section, an offense
447	447	was committed before the effective date of this Act if any element
448	448	of the offense occurred before that date.
449	449	SECTION 17. This Act takes effect September 1, 2023.