Texas 2025 - 89th Regular

Texas House Bill HB3162 Compare Versions

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

Old	New	Differences
1	1	89R3240 PRL-D
2	2	By: Leach H.B. No. 3162
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the use of an accessible absentee mail system by certain
10	10	voters.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 81, Election Code, is amended by adding
13	13	Sections 81.006 and 81.007 to read as follows:
14	14	Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A
15	15	person eligible for early voting by mail under Section 82.002 may
16	16	receive and cast a ballot using an accessible absentee mail system
17	17	approved by the secretary of state under Section 81.007.
18	18	(b) An accessible absentee mail system must be an electronic
19	19	system, including software, used for the sole purpose of enabling a
20	20	voter who has a disability and needs assistive technology for
21	21	marking or reading the ballot, to mark the voter's ballot and print
22	22	and submit the ballot in the manner required by Chapter 86 for a
23	23	ballot marked by the voter.
24	24	(c) The secretary of state shall adopt rules and prescribe
25	25	procedures for the implementation of this section.
26	26	Sec. 81.007. ACCESSIBLE ABSENTEE BALLOT SYSTEM STANDARDS.
27	27	(a) An accessible absentee ballot system described by Section
28	28	81.006 may not be used in an election unless the system is approved
29	29	by the secretary of state in accordance with this section.
30	30	(b) The secretary of state shall adopt standards for the
31	31	approval of an accessible absentee ballot system. At a minimum, the
32	32	standards adopted shall require an accessible absentee ballot
33	33	system to:
34	34	(1) preserve the secrecy of the ballot;
35	35	(2) authenticate the voter prior to delivery of a
36	36	ballot using:
37	37	(A) all information required under Sections
38	38	84.002(a)(1) and (1-a); and
39	39	(B) any other information the secretary of state
40	40	determines to be necessary for the positive identification of the
41	41	person accessing the ballot as the voter;
42	42	(3) operate safely, efficiently, and accurately;
43	43	(4) be equipped with security measures necessary to
44	44	prevent fraudulent or unauthorized manipulation;
45	45	(5) secure the screen and audio output of the device on
46	46	which the ballot is displayed during voting so that, other than the
47	47	voter's own notes, political advertising or a campaign
48	48	communication, as those terms are defined by Section 251.001, is
49	49	not displayed or audibly available to the voter while the ballot is
50	50	being marked;
51	51	(6) securely print the voter's marked ballot with a
52	52	unique serial number and transmit the ballot to the early voting
53	53	clerk without information identifying the voter;
54	54	(7) use a method of verification that a ballot was
55	55	issued to an eligible voter;
56	56	(8) require the voter, prior to accessing the ballot,
57	57	to swear or affirm that the voter is the person to whom the ballot is
58	58	issued, and affirmatively indicate the statement, "I have a
59	59	sickness or physical condition that prevents me from appearing at
60	60	the polling place on election day without a likelihood of needing
61	61	personal assistance or injuring my health," as prescribed by
62	62	Section 82.002(a), is true and correct;
63	63	(9) require the voter, after printing the voted
64	64	ballot, to:
65	65	(A) place the voted ballot in the official ballot
66	66	envelope and seal the ballot envelope;
67	67	(B) place the ballot envelope in the official
68	68	carrier envelope and seal the carrier envelope; and
69	69	(C) sign the certificate on the sealed carrier
70	70	envelope;
71	71	(10) prevent any image or record of a voter's ballot
72	72	choices, other than the original ballot printed, from being saved,
73	73	printed, transmitted, or stored on the voter's device;
74	74	(11) be incapable of transmitting voted ballot images
75	75	or records via the Internet; and
76	76	(12) be capable of providing records, including
77	77	Internet protocol addresses of the devices displaying a voter's
78	78	ballot, from which the operation of the accessible absentee ballot
79	79	system may be audited.
80	80	(c) For the purposes of Subsection (b)(9)(A), a voter's
81	81	failure to use the official ballot envelope does not affect the
82	82	validity of the ballot and the voter must complete the official
83	83	carrier envelope as provided by Section 86.006.
84	84	(d) The secretary of state by rule may prescribe additional
85	85	standards for accessible absentee ballot systems consistent with
86	86	this title. The standards adopted under this subsection may apply
87	87	to:
88	88	(1) particular kinds of accessible absentee ballot
89	89	systems;
90	90	(2) particular elements comprising an accessible
91	91	absentee ballot system, including operation procedures; or
92	92	(3) accessible absentee ballot systems generally.
93	93	(e) The secretary of state by rule shall prescribe and
94	94	implement, to the extent applicable:
95	95	(1) a certification process for approval of an
96	96	accessible absentee ballot system using the process prescribed by
97	97	Subchapter B, Chapter 122;
98	98	(2) a process for approval of modification in design
99	99	of approved systems prescribed by Subchapter C, Chapter 122; and
100	100	(3) a process for reexamination of approved systems
101	101	prescribed by Subchapter D, Chapter 122.
102	102	SECTION 2. Section 86.002, Election Code, is amended by
103	103	adding Subsection (a-1) to read as follows:
104	104	(a-1) The early voting clerk shall provide to a voter using
105	105	an accessible absentee ballot system under Section 81.006:
106	106	(1) the balloting materials required under this
107	107	section; and
108	108	(2) instructions prescribed by the secretary of state
109	109	for accessing the accessible absentee ballot system.
110	110	SECTION 3. Section 86.003(a), Election Code, is amended to
111	111	read as follows:
112	112	(a) The balloting materials for voting by mail shall be
113	113	provided to the voter by mail. Except for a ballot voted under
114	114	Section 81.006, a [A] ballot provided by any other method may not be
115	115	counted.
116	116	SECTION 4. Section 86.009, Election Code, is amended by
117	117	adding Subsection (g) to read as follows:
118	118	(g) The secretary of state by rule shall modify the
119	119	procedures required under this section if an accessible absentee
120	120	ballot system is used to deliver a ballot to a voter.
121	121	SECTION 5. This Act takes effect September 1, 2025.