Texas 2023 - 88th Regular

Texas Senate Bill SB120 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R393 SGM-D
2	2	By: Menéndez, Johnson S.B. No. 120
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to early voting by mail by any qualified voter and to the
8	8	repeal of certain criminal offenses concerning the solicitation and
9	9	distribution of an application to vote by mail.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 13.002(e), Election Code, is amended to
12	12	read as follows:
13	13	(e) Notwithstanding Section 82.005, a [A] person who is
14	14	certified for participation in the address confidentiality program
15	15	administered by the attorney general under Subchapter B, Chapter
16	16	58, Code of Criminal Procedure, is not eligible for early voting by
17	17	mail [under Section 82.007] unless the person submits an
18	18	application under this section by personal delivery. The secretary
19	19	of state may adopt rules to implement this subsection.
20	20	SECTION 2. Section 82.005, Election Code, is amended to
21	21	read as follows:
22	22	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
23	23	APPEARANCE]. Any qualified voter is eligible for early voting by
24	24	mail or personal appearance.
25	25	SECTION 3. Section 82.007, Election Code, is amended to
26	26	read as follows:
27	27	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
28	28	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
29	29	who, [is eligible for early voting by mail if:
30	30	[(1) the voter submitted a registration application by
31	31	personal delivery as required by Section 13.002(e); and
32	32	[(2)] at the time the voter's early voting ballot
33	33	application is submitted, [the voter] is certified for
34	34	participation in the address confidentiality program administered
35	35	by the attorney general under Subchapter B, Chapter 58, Code of
36	36	Criminal Procedure, is eligible for early voting by mail only if the
37	37	voter submitted a registration application by personal delivery as
38	38	required by Section 13.002(e).
39	39	SECTION 4. Section 84.001(a), Election Code, is amended to
40	40	read as follows:
41	41	(a) To be entitled to vote an early voting ballot by mail, a
42	42	person [who is eligible for early voting] must make an application
43	43	for an early voting ballot to be voted by mail as provided by this
44	44	title.
45	45	SECTION 5. Section 84.002(a), Election Code, is amended to
46	46	read as follows:
47	47	(a) An early voting ballot application must include:
48	48	(1) the applicant's name and the address at which the
49	49	applicant is registered to vote;
50	50	(1-a) the following information:
51	51	(A) the number of the applicant's driver's
52	52	license, election identification certificate, or personal
53	53	identification card issued by the Department of Public Safety;
54	54	(B) if the applicant has not been issued a number
55	55	described by Paragraph (A), the last four digits of the applicant's
56	56	social security number; or
57	57	(C) a statement by the applicant that the
58	58	applicant has not been issued a number described by Paragraph (A) or
59	59	(B);
60	60	(2) for an application for a ballot to be voted by mail
61	61	by an applicant who will be absent from the applicant's [on the
62	62	ground of absence from the] county of residence on election day, the
63	63	address outside the applicant's county of residence to which the
64	64	ballot is to be mailed;
65	65	(3) for an application for a ballot to be voted by mail
66	66	by an applicant who is 65 years of age or older on election day or
67	67	has a sickness or physical condition that requires the applicant to
68	68	reside in a hospital or nursing home or other long-term care
69	69	facility, or with a relative [on the ground of age or disability],
70	70	the address of the hospital, nursing home or other long-term care
71	71	facility, or retirement center, or of a person related to the
72	72	applicant within the second degree by affinity or the third degree
73	73	by consanguinity, as determined under Chapter 573, Government Code,
74	74	if the applicant is living at that address and that address is
75	75	different from the address at which the applicant is registered to
76	76	vote;
77	77	(4) for an application for a ballot to be voted by mail
78	78	by an applicant who is confined [on the ground of confinement] in
79	79	jail as described by Section 84.009(a), the address of the jail or
80	80	of a person related to the applicant within the degree described by
81	81	Subdivision (3);
82	82	(5) [for an application for a ballot to be voted by
83	83	mail on any ground,] an indication of each election for which the
84	84	applicant is applying for a ballot; and
85	85	(6) [an indication of the ground of eligibility for
86	86	early voting; and
87	87	[(7)] for an application for a ballot to be voted by
88	88	mail by an applicant who is civilly committed as a sexually violent
89	89	predator under Chapter 841, Health and Safety Code, and is ordered
90	90	as a condition of civil commitment to reside in a facility operated
91	91	by or under contract with the Texas Civil Commitment Office [on the
92	92	ground of involuntary civil commitment], the address of the
93	93	facility operated by or under contract with the Texas Civil
94	94	Commitment Office or of a person related to the applicant within the
95	95	degree of consanguinity described by Subdivision (3).
96	96	SECTION 6. Section 84.009, Election Code, is amended by
97	97	amending Subsection (a) and adding Subsection (b) to read as
98	98	follows:
99	99	(a) This section applies only to an applicant who, at the
100	100	time the application for a ballot to be voted by mail is submitted,
101	101	is confined in jail:
102	102	(1) serving a misdemeanor sentence for a term that
103	103	ends on or after election day;
104	104	(2) pending trial after denial of bail;
105	105	(3) without bail pending an appeal of a felony
106	106	conviction; or
107	107	(4) pending trial or appeal on a bailable offense for
108	108	which release on bail before election day is unlikely.
109	109	(b) On request of the applicant, an application for a ballot
110	110	to be voted by mail [on the ground of confinement in jail] may be
111	111	submitted to the early voting clerk, at the discretion of the
112	112	authority in charge of the jail, by personal delivery by the jail
113	113	authority or by a designated subordinate of the authority.
114	114	SECTION 7. Section 84.011(a), Election Code, is amended to
115	115	read as follows:
116	116	(a) The officially prescribed application form for an early
117	117	voting ballot must include:
118	118	(1) immediately preceding the signature space the
119	119	statement: "I certify that the information given in this
120	120	application is true, and I understand that giving false information
121	121	in this application is a crime.";
122	122	(2) a statement informing the applicant of the
123	123	offenses prescribed by Sections 84.003 and 84.004;
124	124	(3) spaces for entering an applicant's voter
125	125	registration number and county election precinct of registration,
126	126	with a statement informing the applicant that failure to furnish
127	127	that information does not invalidate the application;
128	128	(3-a) a space for entering the information required
129	129	under Section 84.002(a)(1-a); and
130	130	(4) on an application for a ballot to be voted by mail:
131	131	(A) a space for an applicant [applying on the
132	132	ground of absence from the county of residence] to indicate whether
133	133	the applicant will be absent from the applicant's county of
134	134	residence on election day and, if applicable, the date on or after
135	135	which the applicant can receive mail at the address outside the
136	136	county;
137	137	(B) a space for indicating the fact that an
138	138	applicant whose application is signed by a witness cannot make the
139	139	applicant's mark and a space for indicating the relationship or
140	140	lack of relationship of the witness to the applicant;
141	141	(C) a space for entering an applicant's telephone
142	142	number, with a statement informing the applicant that failure to
143	143	furnish that information does not invalidate the application;
144	144	(D) a space or box for an applicant who is 65
145	145	years of age or older on election day or has a sickness or physical
146	146	condition that requires the applicant to reside in a hospital or
147	147	nursing home or other long-term care facility, or with a relative,
148	148	[applying on the ground of age or disability] to indicate that the
149	149	address to which the ballot is to be mailed is the address of a
150	150	facility or relative described by Section 84.002(a)(3), if
151	151	applicable;
152	152	(E) a space or box for an applicant who is
153	153	confined [applying on the ground of confinement] in jail as
154	154	described by Section 84.009(a) or who is civilly committed as a
155	155	sexually violent predator under Chapter 841, Health and Safety
156	156	Code, and ordered as a condition of civil commitment to reside in a
157	157	facility operated by or under contract with the Texas Civil
158	158	Commitment Office, [involuntary civil commitment] to indicate that
159	159	the address to which the ballot is to be mailed is the address of a
160	160	relative described by Section 84.002(a)(4) or (6) [(7)], if
161	161	applicable;
162	162	(F) a space for an applicant [applying on the
163	163	ground of age or disability] to indicate if the application is an
164	164	application under Section 86.0015;
165	165	(G) spaces for entering the signature, printed
166	166	name, and residence address of any person assisting the applicant;
167	167	(H) a statement informing the applicant of the
168	168	condition prescribed by Section 81.005; and
169	169	(I) a statement informing the applicant of the
170	170	requirement prescribed by Section 86.003(c).
171	171	SECTION 8. Sections 86.001(b) and (c), Election Code, are
172	172	amended to read as follows:
173	173	(b) If the application complies with the applicable
174	174	requirements prescribed by this title [applicant is entitled to
175	175	vote an early voting ballot by mail], the clerk shall provide an
176	176	official ballot to the applicant as provided by this chapter.
177	177	(c) Except as provided by Section 86.008, if the applicant
178	178	is not entitled to vote in the election [by mail], the clerk shall
179	179	reject the application, enter on the application "rejected" and the
180	180	reason for and date of rejection, and deliver written notice of the
181	181	reason for the rejection to the applicant at both the residence
182	182	address and mailing address on the application. A ballot may not be
183	183	provided to an applicant whose application is rejected.
184	184	SECTION 9. Section 86.0015(a), Election Code, is amended to
185	185	read as follows:
186	186	(a) This section applies only to an application for a ballot
187	187	to be voted by mail that[:
188	188	[(1) indicates the ground of eligibility is age or
189	189	disability; and
190	190	[(2)] does not specify the election for which a ballot
191	191	is requested or has been marked by the applicant as an application
192	192	for more than one election.
193	193	SECTION 10. Section 86.003(c), Election Code, is amended to
194	194	read as follows:
195	195	(c) The address to which the balloting materials must be
196	196	addressed is the address at which the voter is registered to vote,
197	197	or the registered mailing address if different, unless the
198	198	application to vote early by mail indicates that the voter [ground
199	199	for voting by mail is]:
200	200	(1) will be absent from the voter's [absence from the]
201	201	county of residence on election day, in which case the address must
202	202	be an address outside the voter's county of residence;
203	203	(2) is confined [confinement] in jail as described by
204	204	Section 84.009(a), in which case the address must be the address of
205	205	the jail or of a relative described by Section 84.002(a)(4);
206	206	(3) is 65 years of age or older on election day or has a
207	207	sickness or physical condition that requires the applicant to
208	208	reside in a hospital or nursing home or other long-term care
209	209	facility, or with a relative, [age or disability] and [the voter] is
210	210	living at a hospital, nursing home or other long-term care
211	211	facility, or retirement center, or with a relative described by
212	212	Section 84.002(a)(3), in which case the address must be the address
213	213	of that facility or relative; or
214	214	(4) is civilly committed as a sexually violent
215	215	predator under Chapter 841, Health and Safety Code, and ordered as a
216	216	condition of civil commitment to reside in a facility operated by or
217	217	under contract with the Texas Civil Commitment Office [involuntary
218	218	civil commitment], in which case the address must be the address of
219	219	the facility or of a relative described by Section 84.002(a)(6)
220	220	[84.002(a)(7)].
221	221	SECTION 11. Section 86.004(b), Election Code, is amended to
222	222	read as follows:
223	223	(b) For an election to which Section 101.104 applies, the
224	224	balloting materials for a voter who indicates on the application
225	225	for a ballot to be voted by mail or the federal postcard application
226	226	that the voter seeks [is eligible] to vote early by mail as a
227	227	consequence of the voter's being outside the United States shall be
228	228	mailed on or before the later of the 45th day before election day or
229	229	the seventh calendar day after the date the clerk receives the
230	230	application. However, if it is not possible to mail the ballots by
231	231	the deadline of the 45th day before election day, the clerk shall
232	232	notify the secretary of state within 24 hours of knowing that the
233	233	deadline will not be met. The secretary of state shall monitor the
234	234	situation and advise the clerk, who shall mail the ballots as soon
235	235	as possible in accordance with the secretary of state's guidelines.
236	236	SECTION 12. Section 87.041(b), Election Code, is amended to
237	237	read as follows:
238	238	(b) A ballot may be accepted only if:
239	239	(1) the carrier envelope certificate is properly
240	240	executed;
241	241	(2) neither the voter's signature on the ballot
242	242	application nor the signature on the carrier envelope certificate
243	243	is determined to have been executed by a person other than the
244	244	voter, unless signed by a witness;
245	245	(3) [the voter's ballot application states a legal
246	246	ground for early voting by mail;
247	247	[(4)] the voter is registered to vote, if registration
248	248	is required by law;
249	249	(4) [(5) the address to which the ballot was mailed
250	250	to the voter, as indicated by the application, was outside the
251	251	voter's county of residence, if the ground for early voting is
252	252	absence from the county of residence;
253	253	[(6)] for a voter to whom a statement of residence form
254	254	was required to be sent under Section 86.002(a), the statement of
255	255	residence is returned in the carrier envelope and indicates that
256	256	the voter satisfies the residence requirements prescribed by
257	257	Section 63.0011;
258	258	(5) [(7)] the address to which the ballot was mailed
259	259	to the voter is an address [that is otherwise] required by Sections
260	260	84.002 and 86.003; and
261	261	(6) [(8)] the information required under Section
262	262	86.002(g) provided by the voter identifies the same voter
263	263	identified on the voter's application for voter registration under
264	264	Section 13.002(c)(8).
265	265	SECTION 13. Section 102.001(a), Election Code, is amended
266	266	to read as follows:
267	267	(a) A qualified voter is eligible to vote a late ballot as
268	268	provided by this chapter if the voter has a sickness or physical
269	269	condition [described by Section 82.002] that prevents the voter
270	270	from appearing at the polling place on election day without a
271	271	likelihood of needing personal assistance or of injuring the
272	272	voter's health and originates on or after the day before the last
273	273	day for submitting an application for a ballot to be voted by mail.
274	274	SECTION 14. The following provisions of the Election Code
275	275	are repealed:
276	276	(1) Section 82.001;
277	277	(2) Section 82.002;
278	278	(3) Section 82.003;
279	279	(4) Section 82.004;
280	280	(5) Section 82.008;
281	281	(6) Sections 84.002(b) and (c);
282	282	(7) Section 84.0111;
283	283	(8) Section 112.002(b);
284	284	(9) Section 276.016; and
285	285	(10) Section 276.017.
286	286	SECTION 15. The changes in law made by this Act apply only
287	287	to an election ordered on or after September 1, 2023.
288	288	SECTION 16. This Act takes effect September 1, 2023.