By: Zwiener H.B. No. 1235
A BILL TO BE ENTITLED
AN ACT
Relating to the ability of a voter registrar and volunteer deputy
registrar to distribute and receive applications for a ballot to be
voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 12, Election Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. APPLICATION FORMS FOR A BALLOT TO BE VOTED BY MAIL
Sec. 12.035. APPLICATION FORMS FURNISHED BY VOTER
REGISTRAR. (a) A voter registrar shall maintain a supply of
official application forms for a ballot to be voted by mail and
furnish the forms to voters in person.
(b) A voter may submit an application for a ballot to be
voted by mail by delivering the application to a voter registrar.
(c) A volunteer deputy registrar shall submit to the voter
registrar an application for a ballot to be voted by mail as
provided by Subchapter C, Chapter 84.
Sec. 12.036. DELIVERY OF APPLICATION TO EARLY VOTING CLERK.
(a) If a voter to register is not also the early voting clerk, the
voter registrar shall deliver in person, to the early voting clerk
each completed application for a ballot to be voted by mail
submitted to the voter registrar, as provided by this subchapter.
The secretary of state shall prescribe any procedures necessary to
ensure the proper and timely delivery of completed applications
that are not delivered in person by the volunteer deputy who
receives them.
(b) An application shall be delivered to the early voting
clerk not later than the deadline provided by Section 84.007(c),
but not before an action on application to register has been made as
provided by Section 13.072, if such an application to register
accompanies an application form for a ballot to be voted by mail.
SECTION 2. Section 13.038, Election Code, is amended to
read as follows:
Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy
registrar may distribute voter registration application forms
throughout the county and receive registration applications
submitted to the deputy in person.
(b) A volunteer deputy registrar may distribute application
forms for a ballot to be voted by mail throughout the county and
receive applications for a ballot to be voted by mail submitted to
the deputy in person as provided by Subchapter C, Chapter 84.
SECTION 3. Section 84.007(b), Election Code, is amended to
read as follows:
(b) An application must be submitted to the early voting
clerk by:
(1) mail;
(2) common or contract carrier;
(2-a) the voter registrar, if other than the early
voting clerk;
(3) subject to Subsection (b-1), telephonic facsimile
machine, if a machine is available in the clerk's officer; or
(4) subject to Subsection (b-1), electronic
transmission of a scanned application containing an original
signature.
SECTION 4. Chapter 84, Election Code, is amended by adding
Subchapter C to read as follows:
SUBCHAPTER C. VOLUNTEER DEPUTY REGISTRARS
Sec. 84.051. APPLICATION FORMS FURNISHED BY VOLUNTEER
DEPUTY REGISTRAR. (a) A volunteer deputy registrar may maintain a
supply of official application forms for a ballot to be voted by
mail and shall furnish the forms to voters throughout the county in
a manner consistent with law.
(b) A voter may submit an application for a ballot to be
voted by mail by delivering the application to a volunteer deputy
registrar.
(c) To the extent practicable, the procedure under this
section for distributing applications for a ballot to be vote by
mail and delivering applications shall be the same as the procedure
for delivering a registration application under Subchapter B,
Chapter 13.
Sec. 84.052. DELIVERY OF APPLICATION TO VOTER REGISTRAR.
(a) A volunteer deputy registrar shall deliver in person, or by
personal delivery through another designated volunteer deputy, to
the voter registrar each completed application for a ballot to be
voted by mail submitted to the deputy, as provided by this section.
The secretary of state shall prescribe any procedures necessary to
ensure the proper and timely delivery of completed applications
that are not delivered in person by the volunteer deputy who
receives them.
(b) Except as provided by Subsection (c), an application
shall be delivered to the voter registrar not later than 5 p.m. of
the fifth day after the date the application is submitted to the
volunteer deputy registrar.
(c) An application submitted after the 15th day before the
date of an election and on or before the last day for a person to
timely submit an application for a ballot to be voted by mail for
that election as provided by Section 84.007 shall be delivered to
the voter registrar not later than 5 p.m. of the next regular
business day after the date to timely submit an application for a
ballot to be voted by mail for that election as provided by Section
13.143.
Sec. 84.053. FAILURE TO DELIVER APPLICATION. (a) A
volunteer deputy registrar commits an offense if the deputy fails
to comply with Section 84.052.
(b) Except as provided by Subsection (c), an offense under
this section is a Class C misdemeanor.
(c) An offense under this section is a Class A misdemeanor
if the deputy's failure to comply is intentional.
SECTION 5. This Act takes effect September 1, 2025.