1 | 1 | | 88R24377 PRL-F |
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2 | 2 | | By: Smith H.B. No. 4780 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to early voting ballots voted by mail. |
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8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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9 | 9 | | SECTION 1. Section 64.0322(b), Election Code, is amended to |
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10 | 10 | | read as follows: |
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11 | 11 | | (b) The secretary of state shall prescribe the form required |
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12 | 12 | | by this section. The form must be incorporated into the official |
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13 | 13 | | carrier envelope or signature sheet contained in the official |
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14 | 14 | | carrier envelope if the voter is voting an early voting ballot by |
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15 | 15 | | mail and receives assistance under Section 86.010, or must be |
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16 | 16 | | submitted to an election officer at the time the voter casts a |
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17 | 17 | | ballot if the voter is voting at a polling place or under Section |
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18 | 18 | | 64.009. |
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19 | 19 | | SECTION 2. Sections 86.002(b) and (g), Election Code, are |
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20 | 20 | | amended to read as follows: |
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21 | 21 | | (b) Before providing the balloting materials to the voter, |
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22 | 22 | | the clerk shall enter on the signature sheet contained in the |
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23 | 23 | | carrier envelope the identity and date of the election. |
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24 | 24 | | (g) The signature sheet contained in the carrier envelope |
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25 | 25 | | must include a space [that is hidden from view when the envelope is |
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26 | 26 | | sealed] for the voter to enter the following information: |
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27 | 27 | | (1) the number of the voter's driver's license, |
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28 | 28 | | election identification certificate, or personal identification |
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29 | 29 | | card issued by the Department of Public Safety; |
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30 | 30 | | (2) if the voter has not been issued a number described |
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31 | 31 | | by Subdivision (1), the last four digits of the voter's social |
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32 | 32 | | security number; or |
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33 | 33 | | (3) a statement by the applicant that the applicant |
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34 | 34 | | has not been issued a number described by Subdivision (1) or (2). |
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35 | 35 | | SECTION 3. Section 86.010(e), Election Code, is amended to |
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36 | 36 | | read as follows: |
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37 | 37 | | (e) A person who assists a voter to prepare a ballot to be |
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38 | 38 | | voted by mail shall enter on: |
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39 | 39 | | (1) the official carrier envelope of the voter[: |
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40 | 40 | | [(1)] the person's signature, printed name, and |
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41 | 41 | | residence address; and |
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42 | 42 | | (2) the signature sheet contained in the official |
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43 | 43 | | carrier envelope: |
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44 | 44 | | (A) the relationship of the person providing the |
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45 | 45 | | assistance to the voter; and |
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46 | 46 | | (B) [(3)] whether the person received or |
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47 | 47 | | accepted any form of compensation or other benefit from a |
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48 | 48 | | candidate, campaign, or political committee in exchange for |
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49 | 49 | | providing assistance. |
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50 | 50 | | SECTION 4. Section 86.013, Election Code, is amended by |
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51 | 51 | | amending Subsections (b), (d), (e), (f), and (g) and adding |
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52 | 52 | | Subsection (h) to read as follows: |
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53 | 53 | | (b) Spaces must appear on the signature sheet contained in |
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54 | 54 | | [reverse side of] the official carrier envelope for: |
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55 | 55 | | (1) indicating the identity and date of the election; |
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56 | 56 | | (2) entering the signature, printed name, and |
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57 | 57 | | residence address of a person other than the voter who deposits the |
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58 | 58 | | carrier envelope in the mail or with a common or contract carrier; |
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59 | 59 | | and |
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60 | 60 | | (3) indicating the relationship of that person to the |
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61 | 61 | | voter. |
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62 | 62 | | (d) The following textual material, as prescribed by the |
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63 | 63 | | secretary of state, must be printed on the signature sheet |
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64 | 64 | | contained in [reverse side of] the official carrier envelope [or on |
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65 | 65 | | a separate sheet accompanying the carrier envelope] when it is |
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66 | 66 | | provided: |
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67 | 67 | | (1) the prohibition prescribed by Section 86.006(b); |
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68 | 68 | | (2) the conditions for delivery by common or contract |
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69 | 69 | | carrier prescribed by Sections 81.005 and 86.006; |
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70 | 70 | | (3) the requirements for the legal execution and |
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71 | 71 | | delivery of the carrier envelope, including the prohibition on |
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72 | 72 | | compensation for depositing carrier envelopes containing ballots |
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73 | 73 | | voted by other persons under Section 86.0052; |
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74 | 74 | | (4) the prohibition prescribed by Section 86.006(e); |
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75 | 75 | | and |
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76 | 76 | | (5) the offenses prescribed by Sections 86.006(f) and |
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77 | 77 | | 86.010(f). |
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78 | 78 | | (e) The following notice must be printed on the signature |
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79 | 79 | | sheet contained in [reverse side of] the official carrier envelope, |
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80 | 80 | | near the space provided for the voter's signature: "This envelope |
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81 | 81 | | must be sealed by the voter before it leaves the voter's hands. Do |
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82 | 82 | | not sign this envelope unless the ballot has been marked by you or |
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83 | 83 | | at your direction." |
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84 | 84 | | (f) The oath of a person assisting a voter must be included |
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85 | 85 | | on the signature sheet contained in the official carrier envelope |
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86 | 86 | | as part of the certificate prescribed by Subsection (c). |
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87 | 87 | | (g) The secretary of state by rule shall require that a |
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88 | 88 | | notice informing voters of the telephone number established under |
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89 | 89 | | Section 31.0055 and the purpose of the telephone number be printed |
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90 | 90 | | on the signature sheet[: |
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91 | 91 | | [(1) the official carrier envelope; or |
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92 | 92 | | [(2) an insert] enclosed with the balloting materials |
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93 | 93 | | for voting by mail sent to the voter. |
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94 | 94 | | (h) The secretary of state shall prescribe the form and |
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95 | 95 | | content of the signature sheet that satisfies requirements of this |
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96 | 96 | | code. |
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97 | 97 | | SECTION 5. Section 272.011(b), Election Code, is amended to |
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98 | 98 | | read as follows: |
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99 | 99 | | (b) The secretary of state shall prepare the translation for |
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100 | 100 | | election materials required to be provided in a language other than |
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101 | 101 | | English or Spanish for the following state prescribed voter forms: |
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102 | 102 | | (1) voter registration application form required by |
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103 | 103 | | Section 13.002; |
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104 | 104 | | (2) the confirmation form required by Section 15.051; |
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105 | 105 | | (3) the voting instruction poster required by Section |
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106 | 106 | | 62.011; |
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107 | 107 | | (4) the reasonable impediment declaration required by |
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108 | 108 | | Section 63.001(b); |
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109 | 109 | | (5) the statement of residence form required by |
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110 | 110 | | Section 63.0011; |
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111 | 111 | | (6) the provisional ballot affidavit required by |
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112 | 112 | | Section 63.011; |
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113 | 113 | | (7) the application for a ballot by mail required by |
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114 | 114 | | Section 84.011; |
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115 | 115 | | (8) the carrier envelope, signature sheet, and voting |
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116 | 116 | | instructions required by Section 86.013; and |
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117 | 117 | | (9) any other voter forms that the secretary of state |
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118 | 118 | | identifies as frequently used and for which state resources are |
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119 | 119 | | otherwise available. |
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120 | 120 | | SECTION 6. This Act takes effect September 1, 2023. |
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