By: Hughes, Parker S.B. No. 1599
A BILL TO BE ENTITLED
AN ACT
relating to ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 66.026, Election Code, is amended to
read as follows:
Sec. 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4
must contain:
(1) the original of the ballot register;
(2) the register of spoiled ballots;
(3) any spoiled ballots;
(4) any ballot to be voted by mail returned at the
polling place;
(5) [(4)] any defectively printed ballots;
(6) [(5)] any envelope containing cancellation
requests and canceled ballots; and
(7) [(6)] any other unused ballots.
SECTION 2. Section 84.032, Election Code, is amended by
adding Subsection (d-1) to read as follows:
(d-1) An election officer shall maintain a register of
ballots to be voted by mail returned at a polling place under
Subsection (d). An election officer shall enter on the register the
name of each voter who returns a ballot to be voted by mail and the
ballot's number. The secretary of state shall adopt a form to be
used for this purpose.
SECTION 3. Section 84.036, Election Code, is amended to
read as follows:
Sec. 84.036. DISPOSITION OF RETURNED BALLOT. (a) If an
early voting ballot sent to an applicant whose application is
canceled is returned to the early voting clerk as a marked ballot,
the ballot shall be treated as a marked ballot not timely returned.
(b) After making the appropriate entry on a register
maintained under Section 84.032(d-1), an election officer shall
deposit a ballot to be voted by mail returned at a polling place
under Section 84.032(d) in ballot box no. 4.
SECTION 4. Section 86.008, Election Code, is amended to
read as follows:
Sec. 86.008. OPPORTUNITY TO CORRECT DEFECT: [DEFECTIVE]
APPLICATION. (a) This section applies to an application for a
ballot to be voted by mail for which the applicant failed to comply
with a requirement provided by Section 84.002, 84.0021, or
84.003(a) in a manner that would lead, if not corrected, to the
rejection of the applicant's application.
(a-1) Not later than the sixth business day after the early
voting clerk discovers a defect described by Subsection (a), the
early voting clerk shall:
(1) determine if it would be possible for the
applicant to correct the defect and return an application form by
mail before the deadline provided by Section 84.007(c) or
86.0015(b-1), as applicable; and
(2) notwithstanding any other law, if the clerk
determines it would be possible to correct the defect and return an
application form before the deadline provided by Section 84.007(c)
or 86.0015(b-1), either return the application to the applicant or
[If on reviewing an application for a ballot to be voted by mail
that was received on or before the 18th day before election day the
early voting clerk determines that the application does not fully
comply with the applicable requirements prescribed by this title,
the clerk shall mail or otherwise] deliver an official application
form to the applicant.
(b) The clerk shall include with the returned application or
an application form [mailed or] delivered to the applicant under
Subsection (a-1)(2) a written notice containing:
(1) a brief explanation of each defect in the
noncomplying application;
(2) a statement informing the voter that the voter is
not entitled to vote an early voting ballot unless the application
complies with all legal requirements; and
(3) instructions for submitting the corrected or
second application.
(c) If the early voting clerk determines that it would not
be possible for the applicant to correct the defect and return an
application form by mail before the deadline provided by Section
84.007(c) or 86.0015(b-1), as applicable, [an application that does
not fully comply with the applicable requirements prescribed by
this title is received after the 12th day before election day and
before the end of the period for early voting by personal
appearance,] the clerk may notify the applicant by telephone or
e-mail of the defect, including the information required under
Subsection (b), and inform the applicant that the applicant may
come to the early voting clerk's office before the deadline
provided by Section 84.007(c) or 86.0015(b-1), as applicable, and
correct the defect in person [shall mail or otherwise deliver a
notice to the voter containing the information prescribed by
Subdivisions (1) and (2) of Subsection (b), including a statement
that the application was late, if applicable].
(c-1) The clerk shall:
(1) in addition to returning an application or
providing an application form under Subsection (a-1)(2) or
notifying an applicant under Subsection (c), notify the applicant
of a defect discovered under this section and provide the
information required to be included under Subsection (b) using the
online tool described by Section 86.015; and
(2) if possible, permit the applicant to correct a
defect using the online tool described by Section 86.015.
(d) Notwithstanding any other provisions of this code, the
clerk may deliver in person to the voter a second application if the
defective original application is timely and may receive, before
the deadline, the corrected application in person from the voter.
If a procedure authorized by this subsection is used, it must be
applied uniformly to all applications covered by this subsection.
The clerk shall enter a notation on the application indicating any
information added by the clerk under this subsection. A poll
watcher is entitled to accompany the clerk and observe the
procedures under this subsection. The secretary of state may
prescribe any other procedures necessary to implement this
subsection including requirements for posting notice of any
deliveries.
SECTION 5. Sections 86.015(a) and (b), Election Code, are
amended to read as follows:
(a) The secretary of state shall develop or otherwise
provide an online tool to each early voting clerk [that enables a
person who submits an application for a ballot to be voted by mail
to track the location and status of the person's application and
ballot] on the secretary's Internet website and on the county's
Internet website if the early voting clerk is the county clerk of a
county that maintains an Internet website that enables a person who
submits an application for a ballot to be voted by mail to:
(1) track the location and status of the person's
application and ballot; and
(2) receive notice of and, when possible, correct a
defect in the person's application and ballot under Sections
86.008(c-1), 87.0271(e-1), and 87.0411(e-1).
(b) The online tool developed or provided under Subsection
(a) must require the voter to provide, before permitting the voter
to access information described by that subsection:
(1) the voter's name and date of birth [registration
address] and the last four digits of the voter's social security
number; and
(2) the voter's:
(A) driver's license number; or
(B) personal identification card number issued
by the Department of Public Safety.
SECTION 6. Section 87.0222, Election Code, is amended to
read as follows:
Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a)
Except as provided by Subsection (a-1), not later than the ninth day
before election day [Notwithstanding Section 87.024, in an election
conducted by an authority of a county with a population of 100,000
or more, or conducted jointly with such a county or conducted with
such a county through a contract for election services], the jacket
envelopes containing [the] early voting ballots voted by mail shall
[may] be delivered to the board [between the end of the ninth day
before the last day of the period for early voting by personal
appearance and the closing of the polls on election day, or as soon
after closing as practicable, at the time or times specified by the
presiding judge of the board].
(a-1) Any jacket envelopes of early voting ballots voted by
mail returned after delivery of the ballots under Subsection (a)
may be delivered to the presiding judge of the early voting ballot
board between the end of the ninth day before election day and the
closing of the polls on election day, or as soon after closing as
practicable, at the time or times specified by the presiding judge.
(b) The early voting clerk shall post notice of each
delivery of balloting materials under this section that is to be
made before the time for opening the polls on election day. The
notice shall be posted at the main early voting polling place
continuously for at least 24 hours immediately preceding the
delivery.
(c) At least 24 hours before each delivery made before the
time for opening the polls on election day, the early voting clerk
shall notify the county chair of each political party having a
nominee on the ballot of the time the delivery is to be made.
SECTION 7. Sections 87.0241(a) and (c), Election Code, are
amended to read as follows:
(a) The early voting ballot board shall make its
determination [may determine] whether to accept early voting
ballots voted by mail in accordance with Section 87.041 [at any
time] after the ballots are delivered to the board.
(c) The secretary of state shall prescribe any procedures
necessary for implementing this section [in regard to elections
described by Subsection (b)(2)].
SECTION 8. Section 87.0271, Election Code, is amended by
amending Subsections (b) and (c) and adding Subsections (b-1),
(c-1), and (e-1) to read as follows:
(b) Not later than the second [business] day after a
signature verification committee discovers a defect described by
Subsection (a) and before the committee decides whether to accept
or reject a timely delivered ballot under Section 87.027, the
committee shall send the voter a notice of the defect and a
corrective action form developed by the secretary of state under
Subsection (c-1) by mail or by common or contract carrier[:
[(1) determine if it would be possible for the voter to
correct the defect and return the carrier envelope before the time
the polls are required to close on election day; and
[(2) return the carrier envelope to the voter by mail,
if the committee determines that it would be possible for the voter
to correct the defect and return the carrier envelope before the
time the polls are required to close on election day].
(b-1) The signature verification committee shall include
with the notice delivered to the voter under Subsection (b):
(1) a brief explanation of each defect in the
noncomplying ballot; and
(2) a notice that the voter may:
(A) cancel the voter's application to vote by
mail in the manner described by Section 84.032; or
(B) correct the defect in the voter's ballot by:
(i) submitting a corrective action form
developed and made available by the secretary of state under
Subsection (c-1) by mail or by common or contract carrier; or
(ii) coming to the early voting clerk's
office not later than the second day after election day.
(c) If the signature verification committee determines
[under Subsection (b)(1)] that it would not be possible for the
voter to receive the notice of defect within a reasonable time to
correct the defect [and return the carrier envelope before the time
the polls are required to close on election day], the committee may
notify the voter of the defect by telephone or e-mail and inform the
voter that the voter may request to have the voter's application to
vote by mail canceled in the manner described by Section 84.032,
submit a corrective action form developed by the secretary of state
under Subsection (c-1) by mail or by common or contract carrier, or
come to the early voting clerk's office in person not later than the
second [sixth] day after election day to correct the defect.
(c-1) The secretary of state shall develop a corrective
action form that may be completed and submitted to a signature
verification committee under this section to correct a defect.
(e-1) The committee shall:
(1) in addition to sending the voter a notice of the
defect under Subsection (b) or notifying the voter of the defect by
telephone or e-mail under Subsection (c), notify the voter of a
defect discovered under this section using the online tool
described by Section 86.015; and
(2) if possible, permit the voter to correct a defect
using the online tool described by Section 86.015.
SECTION 9. Section 87.041(d-1), Election Code, is amended
to read as follows:
(d-1) If a voter provides the information required under
Section 86.002(g) and it identifies the same voter identified on
the voter's application for voter registration under Section
13.002(c)(8), the signature on the ballot application and on the
carrier envelope certificate shall be rebuttably presumed to be the
signatures of the voter. The board shall compare signatures in
making a determination under Subsection (b)(2) regardless of
whether the presumption provided by this subsection exists.
SECTION 10. Section 87.0411, Election Code, is amended by
amending Subsections (b) and (c) and adding Subsections (b-1),
(c-1), and (e-1) to read as follows:
(b) Not later than the second business day after an early
voting ballot board discovers a defect described by Subsection (a)
and before the board decides whether to accept or reject a timely
delivered ballot under Section 87.041, the board shall send the
voter a notice of the defect and a corrective action form developed
by the secretary of state under Subsection (c-1) by mail or by
common or contract carrier[:
[(1) determine if it would be possible for the voter to
correct the defect and return the carrier envelope before the time
the polls are required to close on election day; and
[(2) return the carrier envelope to the voter by mail,
if the board determines that it would be possible for the voter to
correct the defect and return the carrier envelope before the time
the polls are required to close on election day].
(b-1) The early voting ballot board shall include with the
notice delivered to the voter under Subsection (b):
(1) a brief explanation of each defect in the
noncomplying ballot; and
(2) a notice that the voter may:
(A) cancel the voter's application to vote by
mail in the manner described by Section 84.032; or
(B) correct the defect in the voter's ballot by:
(i) submitting a corrective action form
developed and made available by the secretary of state under
Subsection (c-1) by mail or by common or contract carrier; or
(ii) coming to the early voting clerk's
office not later than the second day after election day.
(c) If the early voting ballot board determines [under
Subsection (b)(1)] that it would not be possible for the voter to
receive the notice of defect within a reasonable time to correct the
defect [and return the carrier envelope before the time the polls
are required to close on election day], the board may notify the
voter of the defect by telephone or e-mail and inform the voter that
the voter may request to have the voter's application to vote by
mail canceled in the manner described by Section 84.032, submit a
corrective action form developed by the secretary of state under
Subsection (c-1) by mail or by common or contract carrier, or come
to the early voting clerk's office in person not later than the
second [sixth] day after election day to correct the defect.
(c-1) The secretary of state shall develop a corrective
action form that may be completed and submitted to an early voting
ballot board under this section to correct a defect.
(e-1) The early voting ballot board shall:
(1) in addition to sending the voter notice of the
defect under Subsection (b) or notifying the voter of the defect by
telephone or e-mail under Subsection (c), notify the voter of a
defect discovered under this section using the online tool
described by Section 86.015; and
(2) if possible, permit the voter to correct a defect
using the online tool described by Section 86.015.
SECTION 11. The change in law made by this Act applies only
to an application for a ballot to be voted by mail submitted on or
after the effective date of this Act. An application for a ballot
to be voted by mail submitted before the effective date of this Act
is governed by the law in effect when the application was submitted,
and the former law is continued in effect for that purpose.
SECTION 12. The changes in law made by this Act apply only
to an election held on or after the effective date of this Act. An
election held before the effective date of this Act is governed by
the law in effect when the election was held, and that law is
continued in effect for that purpose.
SECTION 13. This Act takes effect September 1, 2023.