89R1947 MPF-D
By: Cole H.B. No. 1856
A BILL TO BE ENTITLED
AN ACT
relating to the method of returning a ballot to be voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 4.003, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In addition to any other notice given for an election
under Subsection (a), not later than the 21st day before election
day, a county shall post a copy of a notice of the election given by
the county or provided to the county under Section 4.008(a)[, which
must include the location of each polling place,] on the county's
Internet website, if the county maintains a website. An authority
responsible for giving notice of an election may post a copy of the
notice on the bulletin board used for posting notices of the
meetings of the governing body of the political subdivision that
the authority serves. If a county does not maintain a website, the
authority responsible for giving notice of the election shall post
a copy of a notice of the election on the bulletin board used for
posting notices of the meetings of the governing body of the
political subdivision that the authority serves. For each precinct
that is combined to form a consolidated precinct under Section
42.008, not later than the 10th day before election day, the
authority shall also post, at the polling place used in the
preceding general election, notice of the precinct's consolidation
and the location of the polling place in the consolidated precinct.
A notice posted under this subsection must remain posted
continuously through election day.
(b-1) The notice given under Subsection (b) must include:
(1) the location of each polling place that will be
open on election day;
(2) the location of each polling place that will be
open for early voting; and
(3) each location that will be available to voters to
deliver a marked ballot under Section 86.006(a-3).
SECTION 2. Section 86.006, Election Code, is amended by
amending Subsections (a) and (a-1) and adding Subsections (a-3) and
(a-4) to read as follows:
(a) A marked ballot voted under this chapter must be
returned to the early voting clerk in the official carrier
envelope. The carrier envelope may be delivered in another envelope
and must be transported and delivered only by:
(1) mail;
(2) common or contract carrier; or
(3) subject to Subsection [Subsections] (a-1) [and
(a-2)], in-person delivery by the voter who voted the ballot.
(a-1) The voter may deliver a marked ballot in person to the
early voting clerk's office or to another designated location
[only] while the polls are open on election day or during the early
voting period. A voter who delivers a marked ballot in person may
return only the voter's own ballot and must present an acceptable
form of identification described by Section 63.0101.
(a-3) The county clerk may designate any of the following
locations for delivering marked ballots under Subsection (a-1):
(1) the early voting clerk's office;
(2) any polling place open for early voting or for
election day; or
(3) any suitable location that meets criteria
prescribed by the secretary of state.
(a-4) To ensure that locations designated for delivering
marked ballots are accessible and secure, the secretary of state
shall adopt rules establishing criteria for a location that a
county clerk may designate under Subsection (a-3).
SECTION 3. Section 86.006(a-2), Election Code, is repealed.
SECTION 4. This Act takes effect September 1, 2025.