Texas 2025 - 89th Regular

Texas House Bill HB3867 Compare Versions

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1	1		By: Zwiener H.B. No. 3867
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to voting a statewide ballot, or voting a limited ballot
7	9		following the change of the county of residence by a voter.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Section 112.001, Election Code, is amended to
10	12		read as follows:
11	13		Sec. 112.001. LIMITED BALLOT. In this code: [code,]
12	14		(1) "limited ballot" means a ballot voted under this
13	15		chapter that is restricted to the offices and propositions stating
14	16		measures on which a person is entitled to vote under Section
15	17		112.004(a) [112.004];
16	18		(2) "statewide ballot" means a ballot voted under this
17	19		chapter that is restricted to statewide offices and propositions
18	20		stating measures on which a person is entitled to vote under Section
19	21		112.004(b).
20	22		SECTION 2. Section 112.002, Election Code, is amended by
21	23		amending the section heading to read as follows:
22	24		Sec. 112.002. ELIGIBILITY FOR LIMITED BALLOT.
23	25		SECTION 3. Section 112.002, Election Code, is amended by
24	26		amending Subsections (a) and (d) to read as follows:
25	27		(a) After changing residence to another county, a person is
26	28		eligible to vote a limited ballot on election day, by personal
27	29		appearance during the early voting period, or by mail if:
28	30		(1) the person would have been eligible to vote in the
29	31		county of former residence on election day if still residing in that
30	32		county;
31	33		(2) the person is registered to vote in the county of
32	34		former residence at the time the person:
33	35		(A) offers to vote in the county of new
34	36		residence; or
35	37		(B) submitted a voter registration application
36	38		in the county of new residence; and
37	39		(3) a voter registration for the person in the county
38	40		of new residence is not effective on or before election day.
39	41		(d) A statement executed under Subsection (c) shall be
40	42		submitted:
41	43		(1) to an election officer at the [main early voting]
42	44		polling place, if the person is voting by personal appearance; or
43	45		(2) with the person's application for a ballot to be
44	46		voted by mail, if the person is voting by mail.
45	47		SECTION 4. Chapter 112, Election Code, is amended by adding
46	48		Section 112.0025 to read as follows:
47	49		Sec. 112.0025. ELIGIBILITY FOR STATEWIDE BALLOT. (a) A
48	50		person is eligible to vote a statewide ballot on election day, or by
49	51		personal appearance during the early voting period if the person is
50	52		registered to vote in the State of Texas at the time the person
51	53		offers to vote in a given county and the voter would not otherwise
52	54		be eligible to vote a limited ballot in the county the voter seeks
53	55		to vote a statewide ballot.
54	56		(b) Before being accepted for voting under this chapter, the
55	57		voter must execute a statement including:
56	58		(1) a statement that the voter satisfies the
57	59		applicable requirements prescribed by Subsection (a);
58	60		(2) the voter's residence address or, if the residence
59	61		has no address, the address at which the voter receives mail and a
60	62		concise description of the voter's residence;
61	63		(3) the month, day, and year of the voter's birth; and
62	64		(4) the date the statement is executed.
63	65		(c) A statement executed under Subsection (b) shall be
64	66		submitted to an election officer at the polling place where the
65	67		person is voting by personal appearance.
66	68		(d) A statement executed under Subsection (b) may include
67	69		space for disclosure of any necessary information to enable the
68	70		person to register to vote under Chapter 13.
69	71		(e) The secretary of state shall prescribe the form of a
70	72		statement executed under Subsection (b).
71	73		SECTION 5. Section 112.004, Election Code, is amended to
72	74		read as follows:
73	75		Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED
74	76		TO VOTE. (a) A person voting a limited ballot is entitled to vote
75	77		only on:
76	78		(1) each office and proposition stating a measure to
77	79		be voted on statewide; and
78	80		(2) each office and proposition stating a measure to
79	81		be voted on in a territorial unit of which the person was a resident
80	82		both before changing county of residence and after the change.
81	83		(b) A person voting a statewide ballot is entitled to vote
82	84		only on each office and proposition stating a measure to be voted on
83	85		statewide.
84	86		SECTION 6. Section 112.006, Election Code, is amended to
85	87		read as follows:
86	88		Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE. (a)
87	89		A person may vote a limited ballot by personal appearance:
88	90		(1) at any early voting polling place; or
89	91		(2) on election day, at a countywide polling place or
90	92		the polling place located in the precinct of the new residence of
91	93		the voter [only at the main early voting polling place].
92	94		(b) A person may vote a statewide ballot by personal
93	95		appearance:
94	96		(1) at any early voting polling place; or
95	97		(2) on election day, at any polling place in the state.
96	98		SECTION 7. Sections 112.008 and 112.009, Election Code, are
97	99		amended to read as follows:
98	100		Sec. 112.008. DETERMINING OFFICES AND MEASURES TO BE VOTED
99	101		ON. (a) For each person who is to vote a limited ballot, the
100	102		election officer [early voting clerk] shall determine the offices
101	103		and propositions stating measures on which the person is entitled
102	104		to vote and shall indicate them on the person's application.
103	105		(b) For each person who is to vote a statewide ballot, the
104	106		election officer shall first determine whether the person is
105	107		eligible for a limited ballot at that polling place, and if not,
106	108		shall determine the statewide offices and propositions stating
107	109		measures on which the person is entitled to vote and shall indicate
108	110		them on the person's application.
109	111		Sec. 112.009. PREPARING VOTING MACHINE. Before permitting
110	112		a person to vote a limited ballot on a voting machine, the election
111	113		officer [early voting clerk] shall adjust the machine so that votes
112	114		may be cast only on the offices and propositions stating measures on
113	115		which the voter is entitled to vote.
114	116		SECTION 8. Section 112.010(a), Election Code, is amended to
115	117		read as follows:
116	118		(a) If early voting by personal appearance is conducted by
117	119		voting machine, the election officer [early voting clerk] may
118	120		conduct the personal appearance voting of limited ballots or
119	121		statewide ballots by using official ballots for early voting by
120	122		mail.
121	123		SECTION 9. Section 112.011(b), Election Code, is amended to
122	124		read as follows:
123	125		(b) The information must include the data necessary to
124	126		enable an election officer [early voting clerk] to determine the
125	127		district offices on which a voter under this chapter is eligible to
126	128		vote.
127	129		SECTION 10. Section 112.012, Election Code, is amended to
128	130		read as follows:
129	131		Sec. 112.012. NOTIFICATION TO VOTER REGISTRAR. Not later
130	132		than the 30th day after receipt of an application for a limited
131	133		ballot or statewide ballot, the county [early voting] clerk shall
132	134		notify the voter registrar for the voter's former or current county
133	135		of residence that the voter has applied for a limited or statewide
134	136		ballot.
135	137		SECTION 11. This Act takes effect September 1, 2025.