89R3008 PRL-D
By: Bucy H.B. No. 1917
A BILL TO BE ENTITLED
AN ACT
relating to early voting by mail by any qualified voter, the
electronic transmission of a ballot to a voter voting early by mail,
and the repeal of certain criminal offenses concerning the
solicitation and distribution of an application to vote 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) the location of each polling place designated for
delivering marked ballots under Section 86.006(a-3).
SECTION 2. Section 13.002(e), Election Code, is amended to
read as follows:
(e) Notwithstanding Section 82.005, a [A] person who is
certified for participation in the address confidentiality program
administered by the attorney general under Subchapter B, Chapter
58, Code of Criminal Procedure, is not eligible for early voting by
mail [under Section 82.007] unless the person submits an
application under this section by personal delivery. The secretary
of state may adopt rules to implement this subsection.
SECTION 3. Chapter 81, Election Code, is amended by adding
Section 81.006 to read as follows:
Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A
person eligible for early voting by mail under Section 82.005 or
Section 101.001 as a person described by Section 101.001(2)(A) may
cast a ballot using an accessible absentee mail system,
notwithstanding any other provision of this title.
(b) An accessible absentee mail system must be an electronic
system, including software, used for the sole purpose of enabling
any voter, including a voter who has a disability, to mark the
voter's ballot and print and submit the ballot in the manner
required by law for a ballot marked by the voter.
(c) The secretary of state shall adopt rules and prescribe
procedures for the implementation of this section.
SECTION 4. Section 82.005, Election Code, is amended to
read as follows:
Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
APPEARANCE]. Any qualified voter is eligible for early voting by
mail or personal appearance.
SECTION 5. Section 82.007, Election Code, is amended to
read as follows:
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
who, [is eligible for early voting by mail if:
[(1) the voter submitted a registration application by
personal delivery as required by Section 13.002(e); and
[(2)] at the time the voter's early voting ballot
application is submitted, [the voter] is certified for
participation in the address confidentiality program administered
by the attorney general under Subchapter B, Chapter 58, Code of
Criminal Procedure, is eligible for early voting by mail only if the
voter submitted a registration application by personal delivery as
required by Section 13.002(e).
SECTION 6. Section 84.001, Election Code, is amended by
amending Subsections (a) and (e) and adding Subsection (e-1) to
read as follows:
(a) To be entitled to vote an early voting ballot by mail, a
person [who is eligible for early voting] must make an application
for an early voting ballot to be voted by mail as provided by this
title.
(e) Except as provided by Subsection (e-1), an application
[An applicant] for a ballot to be voted by mail serves as an
application both [may apply] for a ballot [ballots] for the main
election and for any resulting runoff election [on the same
application]. If an application [for the main election and any
resulting runoff] is not timely for the main election, it will be
considered timely for any resulting runoff if received not later
than the deadline, determined using the date of the runoff
election, for submitting a regular application for a ballot to be
voted by mail.
(e-1) An applicant for a ballot to be voted by mail for the
main election may request not to receive a ballot for a resulting
runoff election.
SECTION 7. Section 84.002(a), Election Code, is amended to
read as follows:
(a) An early voting ballot application must include:
(1) the applicant's name and the address at which the
applicant is registered to vote;
(1-a) the following information:
(A) the number of the applicant's driver's
license, election identification certificate, or personal
identification card issued by the Department of Public Safety;
(B) if the applicant has not been issued a number
described by Paragraph (A), the last four digits of the applicant's
social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(2) for an application for a ballot to be voted by mail
by an applicant who will be absent from the applicant's [on the
ground of absence from the] county of residence on election day, the
address outside the applicant's county of residence to which the
ballot is to be mailed or an e-mail address for the applicant to
which the ballot is to be sent by electronic transmission;
(3) for an application for a ballot to be voted by mail
by an applicant who is 65 years of age or older on election day or
has a sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative [on the ground of age or disability],
the address of the hospital, nursing home or other long-term care
facility, or retirement center, or of a person related to the
applicant within the second degree by affinity or the third degree
by consanguinity, as determined under Chapter 573, Government Code,
if the applicant is living at that address and that address is
different from the address at which the applicant is registered to
vote;
(4) for an application for a ballot to be voted by mail
by an applicant who is confined [on the ground of confinement] in
jail as described by Section 84.009(a), the address of the jail or
of a person related to the applicant within the degree described by
Subdivision (3);
(5) [for an application for a ballot to be voted by
mail on any ground,] an indication of each election for which the
applicant is applying for a ballot; and
(6) [an indication of the ground of eligibility for
early voting; and
[(7)] for an application for a ballot to be voted by
mail by an applicant who is civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code, and is ordered
as a condition of civil commitment to reside in a facility operated
by or under contract with the Texas Civil Commitment Office [on the
ground of involuntary civil commitment], the address of the
facility operated by or under contract with the Texas Civil
Commitment Office or of a person related to the applicant within the
degree of consanguinity described by Subdivision (3).
SECTION 8. Section 84.009, Election Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
follows:
(a) This section applies only to an applicant who, at the
time the application for a ballot to be voted by mail is submitted,
is confined in jail:
(1) serving a misdemeanor sentence for a term that
ends on or after election day;
(2) pending trial after denial of bail;
(3) without bail pending an appeal of a felony
conviction; or
(4) pending trial or appeal on a bailable offense for
which release on bail before election day is unlikely.
(b) On request of the applicant, an application for a ballot
to be voted by mail [on the ground of confinement in jail] may be
submitted to the early voting clerk, at the discretion of the
authority in charge of the jail, by personal delivery by the jail
authority or by a designated subordinate of the authority.
SECTION 9. Section 84.011(a), Election Code, is amended to
read as follows:
(a) The officially prescribed application form for an early
voting ballot must include:
(1) immediately preceding the signature space the
statement: "I certify that the information given in this
application is true, and I understand that giving false information
in this application is a crime.";
(2) a statement informing the applicant of the
offenses prescribed by Sections 84.003 and 84.004;
(3) spaces for entering an applicant's voter
registration number and county election precinct of registration,
with a statement informing the applicant that failure to furnish
that information does not invalidate the application;
(3-a) a space for entering the information required
under Section 84.002(a)(1-a); and
(4) on an application for a ballot to be voted by mail:
(A) a space for an applicant [applying on the
ground of absence from the county of residence] to indicate whether
the applicant will be absent from the applicant's county of
residence on election day and, if applicable:
(i) the date on or after which the applicant
can receive mail at the address outside the county; or
(ii) that the applicant:
(a) wishes to receive the balloting
materials by electronic transmission; and
(b) has provided an e-mail address for
that electronic transmission;
(B) a space for indicating the fact that an
applicant whose application is signed by a witness cannot make the
applicant's mark and a space for indicating the relationship or
lack of relationship of the witness to the applicant;
(C) a space for entering an applicant's telephone
number, with:
(i) a statement informing the applicant
that failure to furnish that information does not invalidate the
application; and
(ii) a statement prescribed by the
secretary of state explaining the benefits of furnishing that
information, including how that information assists the early
voting clerk;
(D) a space or box for an applicant who is 65
years of age or older on election day or has a sickness or physical
condition that requires the applicant to reside in a hospital or
nursing home or other long-term care facility, or with a relative,
[applying on the ground of age or disability] to indicate that the
address to which the ballot is to be mailed is the address of a
facility or relative described by Section 84.002(a)(3), if
applicable;
(E) a space or box for an applicant who is
confined [applying on the ground of confinement] in jail as
described by Section 84.009(a) or who is civilly committed as a
sexually violent predator under Chapter 841, Health and Safety
Code, and is ordered as a condition of civil commitment to reside in
a facility operated by or under contract with the Texas Civil
Commitment Office, [involuntary civil commitment] to indicate that
the address to which the ballot is to be mailed is the address of a
relative described by Section 84.002(a)(4) or (6) [(7)], if
applicable;
(F) a space for an applicant [applying on the
ground of age or disability] to indicate if the application is an
application under Section 86.0015;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 10. Sections 86.001(b) and (c), Election Code, are
amended to read as follows:
(b) If the application complies with the applicable
requirements prescribed by this title [applicant is entitled to
vote an early voting ballot by mail], the clerk shall provide an
official ballot to the applicant as provided by this chapter.
(c) Except as provided by Section 86.008, if the applicant
is not entitled to vote in the election [by mail], the clerk shall
reject the application, enter on the application "rejected" and the
reason for and date of rejection, and deliver written notice of the
reason for the rejection to the applicant at both the residence
address and mailing address on the application. A ballot may not be
provided to an applicant whose application is rejected.
SECTION 11. Section 86.0015(a), Election Code, is amended
to read as follows:
(a) This section applies only to an application for a ballot
to be voted by mail that[:
[(1) indicates the ground of eligibility is age or
disability; and
[(2)] does not specify the election for which a ballot
is requested or has been marked by the applicant as an application
for more than one election.
SECTION 12. Sections 86.003(a) and (c), Election Code, are
amended to read as follows:
(a) Except as provided by Chapter 101A, the [The] balloting
materials for voting by mail shall be provided to the voter by mail.
A ballot provided by any other method may not be counted.
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the
application to vote early by mail indicates that the voter [ground
for voting by mail is]:
(1) will be absent from the voter's [absence from the]
county of residence on election day, in which case the address must
be an address outside the voter's county of residence;
(2) is confined [confinement] in jail as described by
Section 84.009(a), in which case the address must be the address of
the jail or of a relative described by Section 84.002(a)(4);
(3) is 65 years of age or older on election day or has a
sickness or physical condition that requires the applicant to
reside in a hospital or nursing home or other long-term care
facility, or with a relative, [age or disability] and [the voter] is
living at a hospital, nursing home or other long-term care
facility, or retirement center, or with a relative described by
Section 84.002(a)(3), in which case the address must be the address
of that facility or relative; or
(4) is civilly committed as a sexually violent
predator under Chapter 841, Health and Safety Code, and is ordered
as a condition of civil commitment to reside in a facility operated
by or under contract with the Texas Civil Commitment Office
[involuntary civil commitment], in which case the address must be
the address of the facility or of a relative described by Section
84.002(a)(6) [84.002(a)(7)].
SECTION 13. Section 86.004(b), Election Code, is amended to
read as follows:
(b) For an election to which Section 101.104 applies, the
balloting materials for a voter who indicates on the application
for a ballot to be voted by mail or the federal postcard application
that the voter seeks [is eligible] to vote early by mail as a
consequence of the voter's being outside the United States shall be
mailed on or before the later of the 45th day before election day or
the seventh calendar day after the date the clerk receives the
application. However, if it is not possible to mail the ballots by
the deadline of the 45th day before election day, the clerk shall
notify the secretary of state within 24 hours of knowing that the
deadline will not be met. The secretary of state shall monitor the
situation and advise the clerk, who shall mail the ballots as soon
as possible in accordance with the secretary of state's guidelines.
SECTION 14. Section 86.006, Election Code, is amended by
amending Subsection (a-1) and adding Subsections (a-3) and (a-4) to
read as follows:
(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 15. Section 87.0223(a), Election Code, is amended
to read as follows:
(a) If the early voting clerk has provided a voter a ballot
to be voted by mail by both regular mail and e-mail under Chapter
101A or Subchapter C, Chapter 101, the clerk may not deliver a
jacket envelope containing the early voting ballot voted by mail by
the voter to the board until:
(1) both ballots are returned; or
(2) the deadline for returning marked ballots under
Section 86.007 has passed.
SECTION 16. Section 87.041(b), Election Code, is amended to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) [the voter's ballot application states a legal
ground for early voting by mail;
[(4)] the voter is registered to vote, if registration
is required by law;
(4) [(5) the address to which the ballot was mailed
to the voter, as indicated by the application, was outside the
voter's county of residence, if the ground for early voting is
absence from the county of residence;
[(6)] for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011;
(5) [(7)] the address to which the ballot was mailed
to the voter is an address [that is otherwise] required by Sections
84.002 and 86.003; and
(6) [(8)] the information required under Section
86.002(g) provided by the voter identifies the same voter
identified on the voter's application for voter registration under
Section 13.002(c)(8).
SECTION 17. Section 87.0431(a), Election Code, is amended
to read as follows:
(a) Not later than the 10th day after election day, the
presiding judge of the early voting ballot board shall deliver
written notice of the reason for the rejection of a ballot to the
voter at the residence address on the ballot application. If the
ballot was transmitted to the voter by e-mail under Chapter 101A or
Subchapter C, Chapter 101, the presiding judge shall also provide
the notice to the e-mail address to which the ballot was sent.
SECTION 18. Subtitle B, Title 7, Election Code, is amended
by adding Chapter 101A to read as follows:
CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING
MATERIALS TO CERTAIN VOTERS
Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING
MATERIALS. (a) A person eligible to vote under Section 82.005 may
request from the appropriate early voting clerk e-mail transmission
of balloting materials under this chapter if the person:
(1) has a sickness or physical condition that prevents
the person from appearing at the polling place on election day
without a likelihood of needing personal assistance or of injuring
the person's health and that originates on or after the day before
the last day for submitting an application for a ballot to be voted
by mail; or
(2) will be absent from the person's county of
residence on election day.
(b) The early voting clerk shall grant a request made under
this section for the e-mail transmission of balloting materials if:
(1) the requestor has submitted a valid application
for a ballot to be voted by mail that indicates that the requestor
is a person described by Subsection (a)(1) or (2);
(2) the requestor provides an e-mail address with the
request;
(3) the request is submitted on or before the seventh
day before the date of the election; and
(4) a marked ballot for the election from the
requestor has not been received by the early voting clerk.
Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An
e-mail address used under this chapter to request balloting
materials is confidential and does not constitute public
information for purposes of Chapter 552, Government Code. An early
voting clerk shall ensure that a voter's e-mail address provided
under this chapter is excluded from public disclosure.
Sec. 101A.003. ELECTIONS COVERED. Balloting materials may
be sent by e-mail under this chapter for any election in which the
voter who registers under this chapter is eligible to vote.
Sec. 101A.004. BALLOTING MATERIALS TO BE SENT BY E-MAIL.
Balloting materials to be sent by e-mail under this chapter
include:
(1) the appropriate ballot;
(2) ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
counted;
(3) instructions prescribed by the secretary of state
on how to create a carrier envelope or signature sheet for the
ballot; and
(4) a list of certified write-in candidates, if
applicable.
Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The
balloting materials may be provided by e-mail to the voter in PDF
format, through a scanned format, or by any other method of
electronic transmission authorized by the secretary of state in
writing.
(b) The secretary of state shall prescribe procedures for
the retransmission of balloting materials following an
unsuccessful transmission of the materials to a voter.
Sec. 101A.006. RETURN OF BALLOT. (a) A voter who receives
a ballot under this chapter must return the ballot in the same
manner as required under Section 101.057 except that a voter who
completes a signature sheet is not required to complete a carrier
envelope. Except as provided by Chapter 105, the voter may not
return the ballot by electronic transmission.
(b) A ballot that is not returned as required by Subsection
(a) is considered a ballot not timely returned and is not sent to
the early voting ballot board for processing.
(c) The deadline for the return of a ballot under this
section is the same deadline as provided in Section 86.007.
Sec. 101A.007. RULES. The secretary of state may adopt
rules as necessary to implement this chapter.
SECTION 19. Section 102.001(a), Election Code, is amended
to read as follows:
(a) A qualified voter is eligible to vote a late ballot as
provided by this chapter if the voter has a sickness or physical
condition [described by Section 82.002] that prevents the voter
from appearing at the polling place on election day without a
likelihood of needing personal assistance or of injuring the
voter's health and that originates on or after the day before the
last day for submitting an application for a ballot to be voted by
mail.
SECTION 20. The following provisions of the Election Code
are repealed:
(1) Section 82.001;
(2) Section 82.002;
(3) Section 82.003;
(4) Section 82.004;
(5) Section 82.008;
(6) Sections 84.002(b) and (c);
(7) Section 84.0111;
(8) Section 112.002(b);
(9) Section 276.016; and
(10) Section 276.017.
SECTION 21. The changes in law made by this Act apply only
to an election ordered on or after September 1, 2025.
SECTION 22. This Act takes effect September 1, 2025.