Texas 2025 - 89th Regular

Texas House Bill HB1235 Compare Versions

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11 By: Zwiener H.B. No. 1235
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66 A BILL TO BE ENTITLED
77 AN ACT
88 Relating to the ability of a voter registrar and volunteer deputy
99 registrar to distribute and receive applications for a ballot to be
1010 voted by mail.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Chapter 12, Election Code, is amended by adding
1313 Subchapter C to read as follows:
1414 SUBCHAPTER C. APPLICATION FORMS FOR A BALLOT TO BE VOTED BY MAIL
1515 Sec. 12.035. APPLICATION FORMS FURNISHED BY VOTER
1616 REGISTRAR. (a) A voter registrar shall maintain a supply of
1717 official application forms for a ballot to be voted by mail and
1818 furnish the forms to voters in person.
1919 (b) A voter may submit an application for a ballot to be
2020 voted by mail by delivering the application to a voter registrar.
2121 (c) A volunteer deputy registrar shall submit to the voter
2222 registrar an application for a ballot to be voted by mail as
2323 provided by Subchapter C, Chapter 84.
2424 Sec. 12.036. DELIVERY OF APPLICATION TO EARLY VOTING CLERK.
2525 (a) If a voter to register is not also the early voting clerk, the
2626 voter registrar shall deliver in person, to the early voting clerk
2727 each completed application for a ballot to be voted by mail
2828 submitted to the voter registrar, as provided by this subchapter.
2929 The secretary of state shall prescribe any procedures necessary to
3030 ensure the proper and timely delivery of completed applications
3131 that are not delivered in person by the volunteer deputy who
3232 receives them.
3333 (b) An application shall be delivered to the early voting
3434 clerk not later than the deadline provided by Section 84.007(c),
3535 but not before an action on application to register has been made as
3636 provided by Section 13.072, if such an application to register
3737 accompanies an application form for a ballot to be voted by mail.
3838 SECTION 2. Section 13.038, Election Code, is amended to
3939 read as follows:
4040 Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
4141 registrar may distribute voter registration application forms
4242 throughout the county and receive registration applications
4343 submitted to the deputy in person.
4444 (b) A volunteer deputy registrar may distribute application
4545 forms for a ballot to be voted by mail throughout the county and
4646 receive applications for a ballot to be voted by mail submitted to
4747 the deputy in person as provided by Subchapter C, Chapter 84.
4848 SECTION 3. Section 84.007(b), Election Code, is amended to
4949 read as follows:
5050 (b) An application must be submitted to the early voting
5151 clerk by:
5252 (1) mail;
5353 (2) common or contract carrier;
5454 (2-a) the voter registrar, if other than the early
5555 voting clerk;
5656 (3) subject to Subsection (b-1), telephonic facsimile
5757 machine, if a machine is available in the clerk's officer; or
5858 (4) subject to Subsection (b-1), electronic
5959 transmission of a scanned application containing an original
6060 signature.
6161 SECTION 4. Chapter 84, Election Code, is amended by adding
6262 Subchapter C to read as follows:
6363 SUBCHAPTER C. VOLUNTEER DEPUTY REGISTRARS
6464 Sec. 84.051. APPLICATION FORMS FURNISHED BY VOLUNTEER
6565 DEPUTY REGISTRAR. (a) A volunteer deputy registrar may maintain a
6666 supply of official application forms for a ballot to be voted by
6767 mail and shall furnish the forms to voters throughout the county in
6868 a manner consistent with law.
6969 (b) A voter may submit an application for a ballot to be
7070 voted by mail by delivering the application to a volunteer deputy
7171 registrar.
7272 (c) To the extent practicable, the procedure under this
7373 section for distributing applications for a ballot to be vote by
7474 mail and delivering applications shall be the same as the procedure
7575 for delivering a registration application under Subchapter B,
7676 Chapter 13.
7777 Sec. 84.052. DELIVERY OF APPLICATION TO VOTER REGISTRAR.
7878 (a) A volunteer deputy registrar shall deliver in person, or by
7979 personal delivery through another designated volunteer deputy, to
8080 the voter registrar each completed application for a ballot to be
8181 voted by mail submitted to the deputy, as provided by this section.
8282 The secretary of state shall prescribe any procedures necessary to
8383 ensure the proper and timely delivery of completed applications
8484 that are not delivered in person by the volunteer deputy who
8585 receives them.
8686 (b) Except as provided by Subsection (c), an application
8787 shall be delivered to the voter registrar not later than 5 p.m. of
8888 the fifth day after the date the application is submitted to the
8989 volunteer deputy registrar.
9090 (c) An application submitted after the 15th day before the
9191 date of an election and on or before the last day for a person to
9292 timely submit an application for a ballot to be voted by mail for
9393 that election as provided by Section 84.007 shall be delivered to
9494 the voter registrar not later than 5 p.m. of the next regular
9595 business day after the date to timely submit an application for a
9696 ballot to be voted by mail for that election as provided by Section
9797 13.143.
9898 Sec. 84.053. FAILURE TO DELIVER APPLICATION. (a) A
9999 volunteer deputy registrar commits an offense if the deputy fails
100100 to comply with Section 84.052.
101101 (b) Except as provided by Subsection (c), an offense under
102102 this section is a Class C misdemeanor.
103103 (c) An offense under this section is a Class A misdemeanor
104104 if the deputy's failure to comply is intentional.
105105 SECTION 5. This Act takes effect September 1, 2025.