Texas 2023 - 88th Regular

Texas Senate Bill SB1338 Compare Versions

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11 88R8323 MLH-D
22 By: Hall S.B. No. 1338
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the eligibility of certain persons to vote early by
88 mail.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 82.003, Election Code, is repealed.
1111 SECTION 2. Section 84.002(a), Election Code, is amended to
1212 read as follows:
1313 (a) An early voting ballot application must include:
1414 (1) the applicant's name and the address at which the
1515 applicant is registered to vote;
1616 (1-a) the following information:
1717 (A) the number of the applicant's driver's
1818 license, election identification certificate, or personal
1919 identification card issued by the Department of Public Safety;
2020 (B) if the applicant has not been issued a number
2121 described by Paragraph (A), the last four digits of the applicant's
2222 social security number; or
2323 (C) a statement by the applicant that the
2424 applicant has not been issued a number described by Paragraph (A) or
2525 (B);
2626 (2) for an application for a ballot to be voted by mail
2727 on the ground of absence from the county of residence, the address
2828 outside the applicant's county of residence to which the ballot is
2929 to be mailed;
3030 (3) for an application for a ballot to be voted by mail
3131 on the ground of [age or] disability, the address of the hospital,
3232 nursing home or other long-term care facility, or retirement
3333 center, or of a person related to the applicant within the second
3434 degree by affinity or the third degree by consanguinity, as
3535 determined under Chapter 573, Government Code, if the applicant is
3636 living at that address and that address is different from the
3737 address at which the applicant is registered to vote;
3838 (4) for an application for a ballot to be voted by mail
3939 on the ground of confinement in jail, the address of the jail or of a
4040 person related to the applicant within the degree described by
4141 Subdivision (3);
4242 (5) for an application for a ballot to be voted by mail
4343 on any ground, an indication of each election for which the
4444 applicant is applying for a ballot;
4545 (6) an indication of the ground of eligibility for
4646 early voting; and
4747 (7) for an application for a ballot to be voted by mail
4848 on the ground of involuntary civil commitment, the address of the
4949 facility operated by or under contract with the Texas Civil
5050 Commitment Office or of a person related to the applicant within the
5151 degree of consanguinity described by Subdivision (3).
5252 SECTION 3. Section 84.011(a), Election Code, is amended to
5353 read as follows:
5454 (a) The officially prescribed application form for an early
5555 voting ballot must include:
5656 (1) immediately preceding the signature space the
5757 statement: "I certify that the information given in this
5858 application is true, and I understand that giving false information
5959 in this application is a crime.";
6060 (2) a statement informing the applicant of the
6161 offenses prescribed by Sections 84.003 and 84.004;
6262 (3) spaces for entering an applicant's voter
6363 registration number and county election precinct of registration,
6464 with a statement informing the applicant that failure to furnish
6565 that information does not invalidate the application;
6666 (3-a) a space for entering the information required
6767 under Section 84.002(a)(1-a); and
6868 (4) on an application for a ballot to be voted by mail:
6969 (A) a space for an applicant applying on the
7070 ground of absence from the county of residence to indicate the date
7171 on or after which the applicant can receive mail at the address
7272 outside the county;
7373 (B) a space for indicating the fact that an
7474 applicant whose application is signed by a witness cannot make the
7575 applicant's mark and a space for indicating the relationship or
7676 lack of relationship of the witness to the applicant;
7777 (C) a space for entering an applicant's telephone
7878 number, with a statement informing the applicant that failure to
7979 furnish that information does not invalidate the application;
8080 (D) a space or box for an applicant applying on
8181 the ground of [age or] disability to indicate that the address to
8282 which the ballot is to be mailed is the address of a facility or
8383 relative described by Section 84.002(a)(3), if applicable;
8484 (E) a space or box for an applicant applying on
8585 the ground of confinement in jail or involuntary civil commitment
8686 to indicate that the address to which the ballot is to be mailed is
8787 the address of a relative described by Section 84.002(a)(4) or (7),
8888 if applicable;
8989 (F) a space for an applicant applying on the
9090 ground of [age or] disability to indicate if the application is an
9191 application under Section 86.0015;
9292 (G) spaces for entering the signature, printed
9393 name, and residence address of any person assisting the applicant;
9494 (H) a statement informing the applicant of the
9595 condition prescribed by Section 81.005; and
9696 (I) a statement informing the applicant of the
9797 requirement prescribed by Section 86.003(c).
9898 SECTION 4. Section 86.0015(a), Election Code, is amended to
9999 read as follows:
100100 (a) This section applies only to an application for a ballot
101101 to be voted by mail that:
102102 (1) indicates the ground of eligibility is [age or]
103103 disability; and
104104 (2) does not specify the election for which a ballot is
105105 requested or has been marked by the applicant as an application for
106106 more than one election.
107107 SECTION 5. Section 86.003(c), Election Code, is amended to
108108 read as follows:
109109 (c) The address to which the balloting materials must be
110110 addressed is the address at which the voter is registered to vote,
111111 or the registered mailing address if different, unless the ground
112112 for voting by mail is:
113113 (1) absence from the county of residence, in which
114114 case the address must be an address outside the voter's county of
115115 residence;
116116 (2) confinement in jail, in which case the address
117117 must be the address of the jail or of a relative described by
118118 Section 84.002(a)(4);
119119 (3) [age or] disability and the voter is living at a
120120 hospital, nursing home or other long-term care facility, or
121121 retirement center, or with a relative described by Section
122122 84.002(a)(3), in which case the address must be the address of that
123123 facility or relative; or
124124 (4) involuntary civil commitment, in which case the
125125 address must be the address of the facility or of a relative
126126 described by Section 84.002(a)(7).
127127 SECTION 6. This Act takes effect September 1, 2023.