Texas 2025 - 89th Regular

Texas House Bill HB1917 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R3008 PRL-D
2	2	By: Bucy H.B. No. 1917
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to early voting by mail by any qualified voter, the
10	10	electronic transmission of a ballot to a voter voting early by mail,
11	11	and the repeal of certain criminal offenses concerning the
12	12	solicitation and distribution of an application to vote by mail.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 4.003, Election Code, is amended by
15	15	amending Subsection (b) and adding Subsection (b-1) to read as
16	16	follows:
17	17	(b) In addition to any other notice given for an election
18	18	under Subsection (a), not later than the 21st day before election
19	19	day, a county shall post a copy of a notice of the election given by
20	20	the county or provided to the county under Section 4.008(a)[, which
21	21	must include the location of each polling place,] on the county's
22	22	Internet website, if the county maintains a website. An authority
23	23	responsible for giving notice of an election may post a copy of the
24	24	notice on the bulletin board used for posting notices of the
25	25	meetings of the governing body of the political subdivision that
26	26	the authority serves. If a county does not maintain a website, the
27	27	authority responsible for giving notice of the election shall post
28	28	a copy of a notice of the election on the bulletin board used for
29	29	posting notices of the meetings of the governing body of the
30	30	political subdivision that the authority serves. For each precinct
31	31	that is combined to form a consolidated precinct under Section
32	32	42.008, not later than the 10th day before election day, the
33	33	authority shall also post, at the polling place used in the
34	34	preceding general election, notice of the precinct's consolidation
35	35	and the location of the polling place in the consolidated precinct.
36	36	A notice posted under this subsection must remain posted
37	37	continuously through election day.
38	38	(b-1) The notice given under Subsection (b) must include:
39	39	(1) the location of each polling place that will be
40	40	open on election day;
41	41	(2) the location of each polling place that will be
42	42	open for early voting; and
43	43	(3) the location of each polling place designated for
44	44	delivering marked ballots under Section 86.006(a-3).
45	45	SECTION 2. Section 13.002(e), Election Code, is amended to
46	46	read as follows:
47	47	(e) Notwithstanding Section 82.005, a [A] person who is
48	48	certified for participation in the address confidentiality program
49	49	administered by the attorney general under Subchapter B, Chapter
50	50	58, Code of Criminal Procedure, is not eligible for early voting by
51	51	mail [under Section 82.007] unless the person submits an
52	52	application under this section by personal delivery. The secretary
53	53	of state may adopt rules to implement this subsection.
54	54	SECTION 3. Chapter 81, Election Code, is amended by adding
55	55	Section 81.006 to read as follows:
56	56	Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A
57	57	person eligible for early voting by mail under Section 82.005 or
58	58	Section 101.001 as a person described by Section 101.001(2)(A) may
59	59	cast a ballot using an accessible absentee mail system,
60	60	notwithstanding any other provision of this title.
61	61	(b) An accessible absentee mail system must be an electronic
62	62	system, including software, used for the sole purpose of enabling
63	63	any voter, including a voter who has a disability, to mark the
64	64	voter's ballot and print and submit the ballot in the manner
65	65	required by law for a ballot marked by the voter.
66	66	(c) The secretary of state shall adopt rules and prescribe
67	67	procedures for the implementation of this section.
68	68	SECTION 4. Section 82.005, Election Code, is amended to
69	69	read as follows:
70	70	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
71	71	APPEARANCE]. Any qualified voter is eligible for early voting by
72	72	mail or personal appearance.
73	73	SECTION 5. Section 82.007, Election Code, is amended to
74	74	read as follows:
75	75	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
76	76	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
77	77	who, [is eligible for early voting by mail if:
78	78	[(1) the voter submitted a registration application by
79	79	personal delivery as required by Section 13.002(e); and
80	80	[(2)] at the time the voter's early voting ballot
81	81	application is submitted, [the voter] is certified for
82	82	participation in the address confidentiality program administered
83	83	by the attorney general under Subchapter B, Chapter 58, Code of
84	84	Criminal Procedure, is eligible for early voting by mail only if the
85	85	voter submitted a registration application by personal delivery as
86	86	required by Section 13.002(e).
87	87	SECTION 6. Section 84.001, Election Code, is amended by
88	88	amending Subsections (a) and (e) and adding Subsection (e-1) to
89	89	read as follows:
90	90	(a) To be entitled to vote an early voting ballot by mail, a
91	91	person [who is eligible for early voting] must make an application
92	92	for an early voting ballot to be voted by mail as provided by this
93	93	title.
94	94	(e) Except as provided by Subsection (e-1), an application
95	95	[An applicant] for a ballot to be voted by mail serves as an
96	96	application both [may apply] for a ballot [ballots] for the main
97	97	election and for any resulting runoff election [on the same
98	98	application]. If an application [for the main election and any
99	99	resulting runoff] is not timely for the main election, it will be
100	100	considered timely for any resulting runoff if received not later
101	101	than the deadline, determined using the date of the runoff
102	102	election, for submitting a regular application for a ballot to be
103	103	voted by mail.
104	104	(e-1) An applicant for a ballot to be voted by mail for the
105	105	main election may request not to receive a ballot for a resulting
106	106	runoff election.
107	107	SECTION 7. Section 84.002(a), Election Code, is amended to
108	108	read as follows:
109	109	(a) An early voting ballot application must include:
110	110	(1) the applicant's name and the address at which the
111	111	applicant is registered to vote;
112	112	(1-a) the following information:
113	113	(A) the number of the applicant's driver's
114	114	license, election identification certificate, or personal
115	115	identification card issued by the Department of Public Safety;
116	116	(B) if the applicant has not been issued a number
117	117	described by Paragraph (A), the last four digits of the applicant's
118	118	social security number; or
119	119	(C) a statement by the applicant that the
120	120	applicant has not been issued a number described by Paragraph (A) or
121	121	(B);
122	122	(2) for an application for a ballot to be voted by mail
123	123	by an applicant who will be absent from the applicant's [on the
124	124	ground of absence from the] county of residence on election day, the
125	125	address outside the applicant's county of residence to which the
126	126	ballot is to be mailed or an e-mail address for the applicant to
127	127	which the ballot is to be sent by electronic transmission;
128	128	(3) for an application for a ballot to be voted by mail
129	129	by an applicant who is 65 years of age or older on election day or
130	130	has a sickness or physical condition that requires the applicant to
131	131	reside in a hospital or nursing home or other long-term care
132	132	facility, or with a relative [on the ground of age or disability],
133	133	the address of the hospital, nursing home or other long-term care
134	134	facility, or retirement center, or of a person related to the
135	135	applicant within the second degree by affinity or the third degree
136	136	by consanguinity, as determined under Chapter 573, Government Code,
137	137	if the applicant is living at that address and that address is
138	138	different from the address at which the applicant is registered to
139	139	vote;
140	140	(4) for an application for a ballot to be voted by mail
141	141	by an applicant who is confined [on the ground of confinement] in
142	142	jail as described by Section 84.009(a), the address of the jail or
143	143	of a person related to the applicant within the degree described by
144	144	Subdivision (3);
145	145	(5) [for an application for a ballot to be voted by
146	146	mail on any ground,] an indication of each election for which the
147	147	applicant is applying for a ballot; and
148	148	(6) [an indication of the ground of eligibility for
149	149	early voting; and
150	150	[(7)] for an application for a ballot to be voted by
151	151	mail by an applicant who is civilly committed as a sexually violent
152	152	predator under Chapter 841, Health and Safety Code, and is ordered
153	153	as a condition of civil commitment to reside in a facility operated
154	154	by or under contract with the Texas Civil Commitment Office [on the
155	155	ground of involuntary civil commitment], the address of the
156	156	facility operated by or under contract with the Texas Civil
157	157	Commitment Office or of a person related to the applicant within the
158	158	degree of consanguinity described by Subdivision (3).
159	159	SECTION 8. Section 84.009, Election Code, is amended by
160	160	amending Subsection (a) and adding Subsection (b) to read as
161	161	follows:
162	162	(a) This section applies only to an applicant who, at the
163	163	time the application for a ballot to be voted by mail is submitted,
164	164	is confined in jail:
165	165	(1) serving a misdemeanor sentence for a term that
166	166	ends on or after election day;
167	167	(2) pending trial after denial of bail;
168	168	(3) without bail pending an appeal of a felony
169	169	conviction; or
170	170	(4) pending trial or appeal on a bailable offense for
171	171	which release on bail before election day is unlikely.
172	172	(b) On request of the applicant, an application for a ballot
173	173	to be voted by mail [on the ground of confinement in jail] may be
174	174	submitted to the early voting clerk, at the discretion of the
175	175	authority in charge of the jail, by personal delivery by the jail
176	176	authority or by a designated subordinate of the authority.
177	177	SECTION 9. Section 84.011(a), Election Code, is amended to
178	178	read as follows:
179	179	(a) The officially prescribed application form for an early
180	180	voting ballot must include:
181	181	(1) immediately preceding the signature space the
182	182	statement: "I certify that the information given in this
183	183	application is true, and I understand that giving false information
184	184	in this application is a crime.";
185	185	(2) a statement informing the applicant of the
186	186	offenses prescribed by Sections 84.003 and 84.004;
187	187	(3) spaces for entering an applicant's voter
188	188	registration number and county election precinct of registration,
189	189	with a statement informing the applicant that failure to furnish
190	190	that information does not invalidate the application;
191	191	(3-a) a space for entering the information required
192	192	under Section 84.002(a)(1-a); and
193	193	(4) on an application for a ballot to be voted by mail:
194	194	(A) a space for an applicant [applying on the
195	195	ground of absence from the county of residence] to indicate whether
196	196	the applicant will be absent from the applicant's county of
197	197	residence on election day and, if applicable:
198	198	(i) the date on or after which the applicant
199	199	can receive mail at the address outside the county; or
200	200	(ii) that the applicant:
201	201	(a) wishes to receive the balloting
202	202	materials by electronic transmission; and
203	203	(b) has provided an e-mail address for
204	204	that electronic transmission;
205	205	(B) a space for indicating the fact that an
206	206	applicant whose application is signed by a witness cannot make the
207	207	applicant's mark and a space for indicating the relationship or
208	208	lack of relationship of the witness to the applicant;
209	209	(C) a space for entering an applicant's telephone
210	210	number, with:
211	211	(i) a statement informing the applicant
212	212	that failure to furnish that information does not invalidate the
213	213	application; and
214	214	(ii) a statement prescribed by the
215	215	secretary of state explaining the benefits of furnishing that
216	216	information, including how that information assists the early
217	217	voting clerk;
218	218	(D) a space or box for an applicant who is 65
219	219	years of age or older on election day or has a sickness or physical
220	220	condition that requires the applicant to reside in a hospital or
221	221	nursing home or other long-term care facility, or with a relative,
222	222	[applying on the ground of age or disability] to indicate that the
223	223	address to which the ballot is to be mailed is the address of a
224	224	facility or relative described by Section 84.002(a)(3), if
225	225	applicable;
226	226	(E) a space or box for an applicant who is
227	227	confined [applying on the ground of confinement] in jail as
228	228	described by Section 84.009(a) or who is civilly committed as a
229	229	sexually violent predator under Chapter 841, Health and Safety
230	230	Code, and is ordered as a condition of civil commitment to reside in
231	231	a facility operated by or under contract with the Texas Civil
232	232	Commitment Office, [involuntary civil commitment] to indicate that
233	233	the address to which the ballot is to be mailed is the address of a
234	234	relative described by Section 84.002(a)(4) or (6) [(7)], if
235	235	applicable;
236	236	(F) a space for an applicant [applying on the
237	237	ground of age or disability] to indicate if the application is an
238	238	application under Section 86.0015;
239	239	(G) spaces for entering the signature, printed
240	240	name, and residence address of any person assisting the applicant;
241	241	(H) a statement informing the applicant of the
242	242	condition prescribed by Section 81.005; and
243	243	(I) a statement informing the applicant of the
244	244	requirement prescribed by Section 86.003(c).
245	245	SECTION 10. Sections 86.001(b) and (c), Election Code, are
246	246	amended to read as follows:
247	247	(b) If the application complies with the applicable
248	248	requirements prescribed by this title [applicant is entitled to
249	249	vote an early voting ballot by mail], the clerk shall provide an
250	250	official ballot to the applicant as provided by this chapter.
251	251	(c) Except as provided by Section 86.008, if the applicant
252	252	is not entitled to vote in the election [by mail], the clerk shall
253	253	reject the application, enter on the application "rejected" and the
254	254	reason for and date of rejection, and deliver written notice of the
255	255	reason for the rejection to the applicant at both the residence
256	256	address and mailing address on the application. A ballot may not be
257	257	provided to an applicant whose application is rejected.
258	258	SECTION 11. Section 86.0015(a), Election Code, is amended
259	259	to read as follows:
260	260	(a) This section applies only to an application for a ballot
261	261	to be voted by mail that[:
262	262	[(1) indicates the ground of eligibility is age or
263	263	disability; and
264	264	[(2)] does not specify the election for which a ballot
265	265	is requested or has been marked by the applicant as an application
266	266	for more than one election.
267	267	SECTION 12. Sections 86.003(a) and (c), Election Code, are
268	268	amended to read as follows:
269	269	(a) Except as provided by Chapter 101A, the [The] balloting
270	270	materials for voting by mail shall be provided to the voter by mail.
271	271	A ballot provided by any other method may not be counted.
272	272	(c) The address to which the balloting materials must be
273	273	addressed is the address at which the voter is registered to vote,
274	274	or the registered mailing address if different, unless the
275	275	application to vote early by mail indicates that the voter [ground
276	276	for voting by mail is]:
277	277	(1) will be absent from the voter's [absence from the]
278	278	county of residence on election day, in which case the address must
279	279	be an address outside the voter's county of residence;
280	280	(2) is confined [confinement] in jail as described by
281	281	Section 84.009(a), in which case the address must be the address of
282	282	the jail or of a relative described by Section 84.002(a)(4);
283	283	(3) is 65 years of age or older on election day or has a
284	284	sickness or physical condition that requires the applicant to
285	285	reside in a hospital or nursing home or other long-term care
286	286	facility, or with a relative, [age or disability] and [the voter] is
287	287	living at a hospital, nursing home or other long-term care
288	288	facility, or retirement center, or with a relative described by
289	289	Section 84.002(a)(3), in which case the address must be the address
290	290	of that facility or relative; or
291	291	(4) is civilly committed as a sexually violent
292	292	predator under Chapter 841, Health and Safety Code, and is ordered
293	293	as a condition of civil commitment to reside in a facility operated
294	294	by or under contract with the Texas Civil Commitment Office
295	295	[involuntary civil commitment], in which case the address must be
296	296	the address of the facility or of a relative described by Section
297	297	84.002(a)(6) [84.002(a)(7)].
298	298	SECTION 13. Section 86.004(b), Election Code, is amended to
299	299	read as follows:
300	300	(b) For an election to which Section 101.104 applies, the
301	301	balloting materials for a voter who indicates on the application
302	302	for a ballot to be voted by mail or the federal postcard application
303	303	that the voter seeks [is eligible] to vote early by mail as a
304	304	consequence of the voter's being outside the United States shall be
305	305	mailed on or before the later of the 45th day before election day or
306	306	the seventh calendar day after the date the clerk receives the
307	307	application. However, if it is not possible to mail the ballots by
308	308	the deadline of the 45th day before election day, the clerk shall
309	309	notify the secretary of state within 24 hours of knowing that the
310	310	deadline will not be met. The secretary of state shall monitor the
311	311	situation and advise the clerk, who shall mail the ballots as soon
312	312	as possible in accordance with the secretary of state's guidelines.
313	313	SECTION 14. Section 86.006, Election Code, is amended by
314	314	amending Subsection (a-1) and adding Subsections (a-3) and (a-4) to
315	315	read as follows:
316	316	(a-1) The voter may deliver a marked ballot in person to the
317	317	early voting clerk's office or to another designated location
318	318	[only] while the polls are open on election day or during the early
319	319	voting period. A voter who delivers a marked ballot in person may
320	320	return only the voter's own ballot and must present an acceptable
321	321	form of identification described by Section 63.0101.
322	322	(a-3) The county clerk may designate any of the following
323	323	locations for delivering marked ballots under Subsection (a-1):
324	324	(1) the early voting clerk's office;
325	325	(2) any polling place open for early voting or for
326	326	election day; or
327	327	(3) any suitable location that meets criteria
328	328	prescribed by the secretary of state.
329	329	(a-4) To ensure that locations designated for delivering
330	330	marked ballots are accessible and secure, the secretary of state
331	331	shall adopt rules establishing criteria for a location that a
332	332	county clerk may designate under Subsection (a-3).
333	333	SECTION 15. Section 87.0223(a), Election Code, is amended
334	334	to read as follows:
335	335	(a) If the early voting clerk has provided a voter a ballot
336	336	to be voted by mail by both regular mail and e-mail under Chapter
337	337	101A or Subchapter C, Chapter 101, the clerk may not deliver a
338	338	jacket envelope containing the early voting ballot voted by mail by
339	339	the voter to the board until:
340	340	(1) both ballots are returned; or
341	341	(2) the deadline for returning marked ballots under
342	342	Section 86.007 has passed.
343	343	SECTION 16. Section 87.041(b), Election Code, is amended to
344	344	read as follows:
345	345	(b) A ballot may be accepted only if:
346	346	(1) the carrier envelope certificate is properly
347	347	executed;
348	348	(2) neither the voter's signature on the ballot
349	349	application nor the signature on the carrier envelope certificate
350	350	is determined to have been executed by a person other than the
351	351	voter, unless signed by a witness;
352	352	(3) [the voter's ballot application states a legal
353	353	ground for early voting by mail;
354	354	[(4)] the voter is registered to vote, if registration
355	355	is required by law;
356	356	(4) [(5) the address to which the ballot was mailed
357	357	to the voter, as indicated by the application, was outside the
358	358	voter's county of residence, if the ground for early voting is
359	359	absence from the county of residence;
360	360	[(6)] for a voter to whom a statement of residence form
361	361	was required to be sent under Section 86.002(a), the statement of
362	362	residence is returned in the carrier envelope and indicates that
363	363	the voter satisfies the residence requirements prescribed by
364	364	Section 63.0011;
365	365	(5) [(7)] the address to which the ballot was mailed
366	366	to the voter is an address [that is otherwise] required by Sections
367	367	84.002 and 86.003; and
368	368	(6) [(8)] the information required under Section
369	369	86.002(g) provided by the voter identifies the same voter
370	370	identified on the voter's application for voter registration under
371	371	Section 13.002(c)(8).
372	372	SECTION 17. Section 87.0431(a), Election Code, is amended
373	373	to read as follows:
374	374	(a) Not later than the 10th day after election day, the
375	375	presiding judge of the early voting ballot board shall deliver
376	376	written notice of the reason for the rejection of a ballot to the
377	377	voter at the residence address on the ballot application. If the
378	378	ballot was transmitted to the voter by e-mail under Chapter 101A or
379	379	Subchapter C, Chapter 101, the presiding judge shall also provide
380	380	the notice to the e-mail address to which the ballot was sent.
381	381	SECTION 18. Subtitle B, Title 7, Election Code, is amended
382	382	by adding Chapter 101A to read as follows:
383	383	CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING
384	384	MATERIALS TO CERTAIN VOTERS
385	385	Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING
386	386	MATERIALS. (a) A person eligible to vote under Section 82.005 may
387	387	request from the appropriate early voting clerk e-mail transmission
388	388	of balloting materials under this chapter if the person:
389	389	(1) has a sickness or physical condition that prevents
390	390	the person from appearing at the polling place on election day
391	391	without a likelihood of needing personal assistance or of injuring
392	392	the person's health and that originates on or after the day before
393	393	the last day for submitting an application for a ballot to be voted
394	394	by mail; or
395	395	(2) will be absent from the person's county of
396	396	residence on election day.
397	397	(b) The early voting clerk shall grant a request made under
398	398	this section for the e-mail transmission of balloting materials if:
399	399	(1) the requestor has submitted a valid application
400	400	for a ballot to be voted by mail that indicates that the requestor
401	401	is a person described by Subsection (a)(1) or (2);
402	402	(2) the requestor provides an e-mail address with the
403	403	request;
404	404	(3) the request is submitted on or before the seventh
405	405	day before the date of the election; and
406	406	(4) a marked ballot for the election from the
407	407	requestor has not been received by the early voting clerk.
408	408	Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An
409	409	e-mail address used under this chapter to request balloting
410	410	materials is confidential and does not constitute public
411	411	information for purposes of Chapter 552, Government Code. An early
412	412	voting clerk shall ensure that a voter's e-mail address provided
413	413	under this chapter is excluded from public disclosure.
414	414	Sec. 101A.003. ELECTIONS COVERED. Balloting materials may
415	415	be sent by e-mail under this chapter for any election in which the
416	416	voter who registers under this chapter is eligible to vote.
417	417	Sec. 101A.004. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
418	418	Balloting materials to be sent by e-mail under this chapter
419	419	include:
420	420	(1) the appropriate ballot;
421	421	(2) ballot instructions, including instructions that
422	422	inform a voter that the ballot must be returned by mail to be
423	423	counted;
424	424	(3) instructions prescribed by the secretary of state
425	425	on how to create a carrier envelope or signature sheet for the
426	426	ballot; and
427	427	(4) a list of certified write-in candidates, if
428	428	applicable.
429	429	Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The
430	430	balloting materials may be provided by e-mail to the voter in PDF
431	431	format, through a scanned format, or by any other method of
432	432	electronic transmission authorized by the secretary of state in
433	433	writing.
434	434	(b) The secretary of state shall prescribe procedures for
435	435	the retransmission of balloting materials following an
436	436	unsuccessful transmission of the materials to a voter.
437	437	Sec. 101A.006. RETURN OF BALLOT. (a) A voter who receives
438	438	a ballot under this chapter must return the ballot in the same
439	439	manner as required under Section 101.057 except that a voter who
440	440	completes a signature sheet is not required to complete a carrier
441	441	envelope. Except as provided by Chapter 105, the voter may not
442	442	return the ballot by electronic transmission.
443	443	(b) A ballot that is not returned as required by Subsection
444	444	(a) is considered a ballot not timely returned and is not sent to
445	445	the early voting ballot board for processing.
446	446	(c) The deadline for the return of a ballot under this
447	447	section is the same deadline as provided in Section 86.007.
448	448	Sec. 101A.007. RULES. The secretary of state may adopt
449	449	rules as necessary to implement this chapter.
450	450	SECTION 19. Section 102.001(a), Election Code, is amended
451	451	to read as follows:
452	452	(a) A qualified voter is eligible to vote a late ballot as
453	453	provided by this chapter if the voter has a sickness or physical
454	454	condition [described by Section 82.002] that prevents the voter
455	455	from appearing at the polling place on election day without a
456	456	likelihood of needing personal assistance or of injuring the
457	457	voter's health and that originates on or after the day before the
458	458	last day for submitting an application for a ballot to be voted by
459	459	mail.
460	460	SECTION 20. The following provisions of the Election Code
461	461	are repealed:
462	462	(1) Section 82.001;
463	463	(2) Section 82.002;
464	464	(3) Section 82.003;
465	465	(4) Section 82.004;
466	466	(5) Section 82.008;
467	467	(6) Sections 84.002(b) and (c);
468	468	(7) Section 84.0111;
469	469	(8) Section 112.002(b);
470	470	(9) Section 276.016; and
471	471	(10) Section 276.017.
472	472	SECTION 21. The changes in law made by this Act apply only
473	473	to an election ordered on or after September 1, 2025.
474	474	SECTION 22. This Act takes effect September 1, 2025.