Texas 2023 - 88th Regular

Texas Senate Bill SB1599 Compare Versions

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1	1	S.B. No. 1599
2	2
3	3
4	4	AN ACT
5	5	relating to ballots voted by mail.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 66.026, Election Code, is amended to
8	8	read as follows:
9	9	Sec. 66.026. CONTENTS OF BALLOT BOX NO. 4. Ballot box no. 4
10	10	must contain:
11	11	(1) the original of the ballot register;
12	12	(2) the register of spoiled ballots;
13	13	(3) any spoiled ballots;
14	14	(4) any ballot to be voted by mail returned at the
15	15	polling place;
16	16	(5) [(4)] any defectively printed ballots;
17	17	(6) [(5)] any envelope containing cancellation
18	18	requests and canceled ballots; and
19	19	(7) [(6)] any other unused ballots.
20	20	SECTION 2. Section 84.032, Election Code, is amended by
21	21	adding Subsection (d-1) to read as follows:
22	22	(d-1) An election officer shall maintain a register of
23	23	ballots to be voted by mail returned at a polling place under
24	24	Subsection (d). An election officer shall enter on the register the
25	25	name of each voter who returns a ballot to be voted by mail and the
26	26	ballot's number. The secretary of state shall adopt a form to be
27	27	used for this purpose.
28	28	SECTION 3. Section 84.036, Election Code, is amended to
29	29	read as follows:
30	30	Sec. 84.036. DISPOSITION OF RETURNED BALLOT. (a) If an
31	31	early voting ballot sent to an applicant whose application is
32	32	canceled is returned to the early voting clerk as a marked ballot,
33	33	the ballot shall be treated as a marked ballot not timely returned.
34	34	(b) After making the appropriate entry on a register
35	35	maintained under Section 84.032(d-1), an election officer shall
36	36	deposit a ballot to be voted by mail returned at a polling place
37	37	under Section 84.032(d) in ballot box no. 4.
38	38	SECTION 4. Section 86.008, Election Code, is amended to
39	39	read as follows:
40	40	Sec. 86.008. OPPORTUNITY TO CORRECT DEFECT: [DEFECTIVE]
41	41	APPLICATION. (a) This section applies to an application for a
42	42	ballot to be voted by mail for which the applicant failed to comply
43	43	with a requirement provided by Section 84.002, 84.0021, or
44	44	84.003(a) in a manner that would lead, if not corrected, to the
45	45	rejection of the applicant's application.
46	46	(a-1) Not later than the second day after the early voting
47	47	clerk discovers a defect described by Subsection (a), the early
48	48	voting clerk shall:
49	49	(1) determine if it would be possible for the
50	50	applicant to correct the defect and return an application form by
51	51	mail before the deadline provided by Section 84.007(c) or
52	52	86.0015(b-1), as applicable; and
53	53	(2) notwithstanding any other law, if the clerk
54	54	determines it would be possible to correct the defect and return an
55	55	application form before the deadline provided by Section 84.007(c)
56	56	or 86.0015(b-1), either return the application to the applicant or
57	57	[If on reviewing an application for a ballot to be voted by mail
58	58	that was received on or before the 18th day before election day the
59	59	early voting clerk determines that the application does not fully
60	60	comply with the applicable requirements prescribed by this title,
61	61	the clerk shall mail or otherwise] deliver an official application
62	62	form to the applicant.
63	63	(b) The clerk shall include with the returned application or
64	64	an application form [mailed or] delivered to the applicant under
65	65	Subsection (a-1)(2) a written notice containing:
66	66	(1) a brief explanation of each defect in the
67	67	noncomplying application;
68	68	(2) a statement informing the voter that the voter is
69	69	not entitled to vote an early voting ballot unless the application
70	70	complies with all legal requirements; and
71	71	(3) instructions for submitting the corrected or
72	72	second application.
73	73	(c) If the early voting clerk determines that it would not
74	74	be possible for the applicant to correct the defect and return an
75	75	application form by mail before the deadline provided by Section
76	76	84.007(c) or 86.0015(b-1), as applicable, [an application that does
77	77	not fully comply with the applicable requirements prescribed by
78	78	this title is received after the 12th day before election day and
79	79	before the end of the period for early voting by personal
80	80	appearance,] the clerk may notify the applicant by telephone or
81	81	e-mail of the defect, including the information required under
82	82	Subsection (b), and inform the applicant that the applicant may
83	83	come to the early voting clerk's office before the deadline
84	84	provided by Section 84.007(c) or 86.0015(b-1), as applicable, and
85	85	correct the defect in person [shall mail or otherwise deliver a
86	86	notice to the voter containing the information prescribed by
87	87	Subdivisions (1) and (2) of Subsection (b), including a statement
88	88	that the application was late, if applicable].
89	89	(c-1) The clerk shall:
90	90	(1) in addition to returning an application or
91	91	providing an application form under Subsection (a-1)(2) or
92	92	notifying an applicant under Subsection (c), notify the applicant
93	93	of a defect discovered under this section and provide the
94	94	information required to be included under Subsection (b) using the
95	95	online tool described by Section 86.015; and
96	96	(2) if possible, permit the applicant to correct a
97	97	defect using the online tool described by Section 86.015.
98	98	(d) Notwithstanding any other provisions of this code, the
99	99	clerk may deliver in person to the voter a second application if the
100	100	defective original application is timely and may receive, before
101	101	the deadline, the corrected application in person from the voter.
102	102	If a procedure authorized by this subsection is used, it must be
103	103	applied uniformly to all applications covered by this subsection.
104	104	The clerk shall enter a notation on the application indicating any
105	105	information added by the clerk under this subsection. A poll
106	106	watcher is entitled to accompany the clerk and observe the
107	107	procedures under this subsection. The secretary of state may
108	108	prescribe any other procedures necessary to implement this
109	109	subsection including requirements for posting notice of any
110	110	deliveries.
111	111	SECTION 5. Sections 86.015(a) and (b), Election Code, are
112	112	amended to read as follows:
113	113	(a) The secretary of state shall develop or otherwise
114	114	provide an online tool to each early voting clerk [that enables a
115	115	person who submits an application for a ballot to be voted by mail
116	116	to track the location and status of the person's application and
117	117	ballot] on the secretary's Internet website and on the county's
118	118	Internet website if the early voting clerk is the county clerk of a
119	119	county that maintains an Internet website that enables a person who
120	120	submits an application for a ballot to be voted by mail to:
121	121	(1) track the location and status of the person's
122	122	application and ballot; and
123	123	(2) receive notice of and, if possible, correct a
124	124	defect in the person's application and ballot under Sections
125	125	86.008(c-1), 87.0271(e-1), and 87.0411(e-1).
126	126	(b) The online tool developed or provided under Subsection
127	127	(a) must require the voter to provide, before permitting the voter
128	128	to access information described by that subsection:
129	129	(1) the voter's name and date of birth [registration
130	130	address] and the last four digits of the voter's social security
131	131	number; and
132	132	(2) the voter's:
133	133	(A) driver's license number; or
134	134	(B) personal identification card number issued
135	135	by the Department of Public Safety.
136	136	SECTION 6. Section 87.0222, Election Code, is amended to
137	137	read as follows:
138	138	Sec. 87.0222. TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a)
139	139	Except as provided by Subsection (a-1), not later than the ninth day
140	140	before election day [Notwithstanding Section 87.024, in an election
141	141	conducted by an authority of a county with a population of 100,000
142	142	or more, or conducted jointly with such a county or conducted with
143	143	such a county through a contract for election services], the jacket
144	144	envelopes containing [the] early voting ballots voted by mail shall
145	145	[may] be delivered to the board [between the end of the ninth day
146	146	before the last day of the period for early voting by personal
147	147	appearance and the closing of the polls on election day, or as soon
148	148	after closing as practicable, at the time or times specified by the
149	149	presiding judge of the board].
150	150	(a-1) Any jacket envelopes of early voting ballots voted by
151	151	mail returned after delivery of the ballots under Subsection (a)
152	152	may be delivered to the presiding judge of the early voting ballot
153	153	board between the end of the ninth day before election day and the
154	154	closing of the polls on election day, or as soon after closing as
155	155	practicable, at the time or times specified by the presiding judge.
156	156	(b) The early voting clerk shall post notice of each
157	157	delivery of balloting materials under this section that is to be
158	158	made before the time for opening the polls on election day. The
159	159	notice shall be posted at the main early voting polling place
160	160	continuously for at least 24 hours immediately preceding the
161	161	delivery.
162	162	(c) At least 24 hours before each delivery made before the
163	163	time for opening the polls on election day, the early voting clerk
164	164	shall notify the county chair of each political party having a
165	165	nominee on the ballot of the time the delivery is to be made.
166	166	SECTION 7. Sections 87.0241(a) and (c), Election Code, are
167	167	amended to read as follows:
168	168	(a) The early voting ballot board shall make its
169	169	determination [may determine] whether to accept early voting
170	170	ballots voted by mail in accordance with Section 87.041 [at any
171	171	time] after the ballots are delivered to the board.
172	172	(c) The secretary of state shall prescribe any procedures
173	173	necessary for implementing this section [in regard to elections
174	174	described by Subsection (b)(2)].
175	175	SECTION 8. Section 87.0271, Election Code, is amended by
176	176	amending Subsections (b) and (c) and adding Subsections (b-1),
177	177	(c-1), and (e-1) to read as follows:
178	178	(b) Not later than the second [business] day after a
179	179	signature verification committee discovers a defect described by
180	180	Subsection (a) and before the committee decides whether to accept
181	181	or reject a timely delivered ballot under Section 87.027, the
182	182	committee shall send the voter a notice of the defect and a
183	183	corrective action form developed by the secretary of state under
184	184	Subsection (c-1) by mail or by common or contract carrier[:
185	185	[(1) determine if it would be possible for the voter to
186	186	correct the defect and return the carrier envelope before the time
187	187	the polls are required to close on election day; and
188	188	[(2) return the carrier envelope to the voter by mail,
189	189	if the committee determines that it would be possible for the voter
190	190	to correct the defect and return the carrier envelope before the
191	191	time the polls are required to close on election day].
192	192	(b-1) The signature verification committee shall include
193	193	with the notice delivered to the voter under Subsection (b):
194	194	(1) a brief explanation of each defect in the
195	195	noncomplying ballot; and
196	196	(2) a notice that the voter may:
197	197	(A) cancel the voter's application to vote by
198	198	mail in the manner described by Section 84.032; or
199	199	(B) correct the defect in the voter's ballot by:
200	200	(i) submitting a corrective action form
201	201	developed and made available by the secretary of state under
202	202	Subsection (c-1) by mail or by common or contract carrier; or
203	203	(ii) coming to the early voting clerk's
204	204	office not later than the sixth day after election day.
205	205	(c) If the signature verification committee determines
206	206	[under Subsection (b)(1)] that it would not be possible for the
207	207	voter to receive the notice of defect within a reasonable time to
208	208	correct the defect [and return the carrier envelope before the time
209	209	the polls are required to close on election day], the committee may
210	210	notify the voter of the defect by telephone or e-mail and inform the
211	211	voter that the voter may request to have the voter's application to
212	212	vote by mail canceled in the manner described by Section 84.032,
213	213	submit a corrective action form developed by the secretary of state
214	214	under Subsection (c-1) by mail or by common or contract carrier, or
215	215	come to the early voting clerk's office in person not later than the
216	216	sixth day after election day to correct the defect.
217	217	(c-1) The secretary of state shall develop a corrective
218	218	action form that may be completed and submitted to a signature
219	219	verification committee under this section to correct a defect.
220	220	(e-1) The committee shall:
221	221	(1) in addition to sending the voter a notice of the
222	222	defect under Subsection (b) or notifying the voter of the defect by
223	223	telephone or e-mail under Subsection (c), notify the voter of a
224	224	defect discovered under this section using the online tool
225	225	described by Section 86.015; and
226	226	(2) if possible, permit the voter to correct a defect
227	227	using the online tool described by Section 86.015.
228	228	SECTION 9. Section 87.041(d-1), Election Code, is amended
229	229	to read as follows:
230	230	(d-1) If a voter provides the information required under
231	231	Section 86.002(g) and it identifies the same voter identified on
232	232	the voter's application for voter registration under Section
233	233	13.002(c)(8), the signature on the ballot application and on the
234	234	carrier envelope certificate shall be rebuttably presumed to be the
235	235	signatures of the voter. The board shall compare signatures in
236	236	making a determination under Subsection (b)(2) regardless of
237	237	whether the presumption provided by this subsection exists.
238	238	SECTION 10. Section 87.0411, Election Code, is amended by
239	239	amending Subsections (b) and (c) and adding Subsections (b-1),
240	240	(c-1), and (e-1) to read as follows:
241	241	(b) Not later than the second [business] day after an early
242	242	voting ballot board discovers a defect described by Subsection (a)
243	243	and before the board decides whether to accept or reject a timely
244	244	delivered ballot under Section 87.041, the board shall send the
245	245	voter a notice of the defect and a corrective action form developed
246	246	by the secretary of state under Subsection (c-1) by mail or by
247	247	common or contract carrier[:
248	248	[(1) determine if it would be possible for the voter to
249	249	correct the defect and return the carrier envelope before the time
250	250	the polls are required to close on election day; and
251	251	[(2) return the carrier envelope to the voter by mail,
252	252	if the board determines that it would be possible for the voter to
253	253	correct the defect and return the carrier envelope before the time
254	254	the polls are required to close on election day].
255	255	(b-1) The early voting ballot board shall include with the
256	256	notice delivered to the voter under Subsection (b):
257	257	(1) a brief explanation of each defect in the
258	258	noncomplying ballot; and
259	259	(2) a notice that the voter may:
260	260	(A) cancel the voter's application to vote by
261	261	mail in the manner described by Section 84.032; or
262	262	(B) correct the defect in the voter's ballot by:
263	263	(i) submitting a corrective action form
264	264	developed and made available by the secretary of state under
265	265	Subsection (c-1) by mail or by common or contract carrier; or
266	266	(ii) coming to the early voting clerk's
267	267	office not later than the sixth day after election day.
268	268	(c) If the early voting ballot board determines [under
269	269	Subsection (b)(1)] that it would not be possible for the voter to
270	270	receive the notice of defect within a reasonable time to correct the
271	271	defect [and return the carrier envelope before the time the polls
272	272	are required to close on election day], the board may notify the
273	273	voter of the defect by telephone or e-mail and inform the voter that
274	274	the voter may request to have the voter's application to vote by
275	275	mail canceled in the manner described by Section 84.032, submit a
276	276	corrective action form developed by the secretary of state under
277	277	Subsection (c-1) by mail or by common or contract carrier, or come
278	278	to the early voting clerk's office in person not later than the
279	279	sixth day after election day to correct the defect.
280	280	(c-1) The secretary of state shall develop a corrective
281	281	action form that may be completed and submitted to an early voting
282	282	ballot board under this section to correct a defect.
283	283	(e-1) The early voting ballot board shall:
284	284	(1) in addition to sending the voter notice of the
285	285	defect under Subsection (b) or notifying the voter of the defect by
286	286	telephone or e-mail under Subsection (c), notify the voter of a
287	287	defect discovered under this section using the online tool
288	288	described by Section 86.015; and
289	289	(2) if possible, permit the voter to correct a defect
290	290	using the online tool described by Section 86.015.
291	291	SECTION 11. The change in law made by this Act applies only
292	292	to an application for a ballot to be voted by mail submitted on or
293	293	after the effective date of this Act. An application for a ballot
294	294	to be voted by mail submitted before the effective date of this Act
295	295	is governed by the law in effect when the application was submitted,
296	296	and the former law is continued in effect for that purpose.
297	297	SECTION 12. The changes in law made by this Act apply only
298	298	to an election held on or after the effective date of this Act. An
299	299	election held before the effective date of this Act is governed by
300	300	the law in effect when the election was held, and that law is
301	301	continued in effect for that purpose.
302	302	SECTION 13. This Act takes effect September 1, 2023.
303	303	______________________________ ______________________________
304	304	President of the Senate Speaker of the House
305	305	I hereby certify that S.B. No. 1599 passed the Senate on
306	306	April 17, 2023, by the following vote: Yeas 31, Nays 0; and that
307	307	the Senate concurred in House amendment on May 21, 2023, by the
308	308	following vote: Yeas 31, Nays 0.
309	309	______________________________
310	310	Secretary of the Senate
311	311	I hereby certify that S.B. No. 1599 passed the House, with
312	312	amendment, on May 18, 2023, by the following vote: Yeas 144,
313	313	Nays 0, one present not voting.
314	314	______________________________
315	315	Chief Clerk of the House
316	316	Approved:
317	317	______________________________
318	318	Date
319	319	______________________________
320	320	Governor