88R24377 PRL-F
By: Smith H.B. No. 4780
Substitute the following for H.B. No. 4780:
By: Capriglione C.S.H.B. No. 4780
A BILL TO BE ENTITLED
AN ACT
relating to early voting ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 64.0322(b), Election Code, is amended to
read as follows:
(b) The secretary of state shall prescribe the form required
by this section. The form must be incorporated into the official
carrier envelope or signature sheet contained in the official
carrier envelope if the voter is voting an early voting ballot by
mail and receives assistance under Section 86.010, or must be
submitted to an election officer at the time the voter casts a
ballot if the voter is voting at a polling place or under Section
64.009.
SECTION 2. Sections 86.002(b) and (g), Election Code, are
amended to read as follows:
(b) Before providing the balloting materials to the voter,
the clerk shall enter on the signature sheet contained in the
carrier envelope the identity and date of the election.
(g) The signature sheet contained in the carrier envelope
must include a space [that is hidden from view when the envelope is
sealed] for the voter to enter the following information:
(1) the number of the voter's driver's license,
election identification certificate, or personal identification
card issued by the Department of Public Safety;
(2) if the voter has not been issued a number described
by Subdivision (1), the last four digits of the voter's social
security number; or
(3) a statement by the applicant that the applicant
has not been issued a number described by Subdivision (1) or (2).
SECTION 3. Section 86.010(e), Election Code, is amended to
read as follows:
(e) A person who assists a voter to prepare a ballot to be
voted by mail shall enter on:
(1) the official carrier envelope of the voter[:
[(1)] the person's signature, printed name, and
residence address; and
(2) the signature sheet contained in the official
carrier envelope:
(A) the relationship of the person providing the
assistance to the voter; and
(B) [(3)] whether the person received or
accepted any form of compensation or other benefit from a
candidate, campaign, or political committee in exchange for
providing assistance.
SECTION 4. Section 86.013, Election Code, is amended by
amending Subsections (b), (d), (e), (f), and (g) and adding
Subsection (h) to read as follows:
(b) Spaces must appear on the signature sheet contained in
[reverse side of] the official carrier envelope for:
(1) indicating the identity and date of the election;
(2) entering the signature, printed name, and
residence address of a person other than the voter who deposits the
carrier envelope in the mail or with a common or contract carrier;
and
(3) indicating the relationship of that person to the
voter.
(d) The following textual material, as prescribed by the
secretary of state, must be printed on the signature sheet
contained in [reverse side of] the official carrier envelope [or on
a separate sheet accompanying the carrier envelope] when it is
provided:
(1) the prohibition prescribed by Section 86.006(b);
(2) the conditions for delivery by common or contract
carrier prescribed by Sections 81.005 and 86.006;
(3) the requirements for the legal execution and
delivery of the carrier envelope, including the prohibition on
compensation for depositing carrier envelopes containing ballots
voted by other persons under Section 86.0052;
(4) the prohibition prescribed by Section 86.006(e);
and
(5) the offenses prescribed by Sections 86.006(f) and
86.010(f).
(e) The following notice must be printed on the signature
sheet contained in [reverse side of] the official carrier envelope,
near the space provided for the voter's signature: "This envelope
must be sealed by the voter before it leaves the voter's hands. Do
not sign this envelope unless the ballot has been marked by you or
at your direction."
(f) The oath of a person assisting a voter must be included
on the signature sheet contained in the official carrier envelope
as part of the certificate prescribed by Subsection (c).
(g) The secretary of state by rule shall require that a
notice informing voters of the telephone number established under
Section 31.0055 and the purpose of the telephone number be printed
on the signature sheet[:
[(1) the official carrier envelope; or
[(2) an insert] enclosed with the balloting materials
for voting by mail sent to the voter.
(h) The secretary of state shall prescribe the form and
content of the signature sheet that satisfies requirements of this
code.
SECTION 5. Section 272.011(b), Election Code, is amended to
read as follows:
(b) The secretary of state shall prepare the translation for
election materials required to be provided in a language other than
English or Spanish for the following state prescribed voter forms:
(1) voter registration application form required by
Section 13.002;
(2) the confirmation form required by Section 15.051;
(3) the voting instruction poster required by Section
62.011;
(4) the reasonable impediment declaration required by
Section 63.001(b);
(5) the statement of residence form required by
Section 63.0011;
(6) the provisional ballot affidavit required by
Section 63.011;
(7) the application for a ballot by mail required by
Section 84.011;
(8) the carrier envelope, signature sheet, and voting
instructions required by Section 86.013; and
(9) any other voter forms that the secretary of state
identifies as frequently used and for which state resources are
otherwise available.
SECTION 6. This Act takes effect September 1, 2023.