89R14382 AB-D
By: Schatzline H.B. No. 4964
A BILL TO BE ENTITLED
AN ACT
relating to eligibility requirements for early voting by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 13.002(e), Election Code, is amended to
read as follows:
(e) 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 2. 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 on the ground of absence from the county of residence, the
address outside the applicant's county of residence to which the
ballot is to be mailed;
[(3)] for an application for a ballot to be voted by
mail 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 on the ground of confinement in jail, the address of the jail
or of a person related to the applicant within the degree described
by Subdivision (3);]
(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
(4) [(6)] an indication of the ground of eligibility
for early voting[; and
[(7) for an application for a ballot to be voted by
mail 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 3. Section 84.0021(a), Election Code, is amended to
read as follows:
(a) An early voting ballot application submitted by a
qualified voter certified for participation in the address
confidentiality program administered by the attorney general under
Subchapter B, Chapter 58, Code of Criminal Procedure, who is
eligible for early voting by mail [under Section 82.007] must
include:
(1) the applicant's name and address at which the
applicant is registered to vote;
(2) the substitute post office box address designated
by the attorney general under Article 58.052(b), Code of Criminal
Procedure, for use by the voter in place of the voter's true
residential, business, or school address; and
(3) an indication of each election for which the
applicant is applying for a ballot.
SECTION 4. Sections 84.011(a) and (c), Election Code, are
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 the date
on or after which the applicant can receive mail at the address
outside the county;
[(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;
(B) [(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;
(C) [(D)] a space or box for an applicant
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;
(D) [(E) a space or box for an applicant applying
on the ground of confinement in jail or 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 (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;
(E) [(G)] spaces for entering the signature,
printed name, and residence address of any person assisting the
applicant;
(F) [(H)] a statement informing the applicant of
the condition prescribed by Section 81.005; and
(G) [(I)] a statement informing the applicant of
the requirement prescribed by Section 86.003(c).
(c) The secretary of state shall make the statement
prescribed by Subsection (a)(4)(B)(ii) [(a)(4)(C)(ii)] available
on the secretary's Internet website.
SECTION 5. Section 86.003(c), Election Code, is amended to
read as follows:
(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 ground
for voting by mail is[:
[(1) absence from the county of residence, in which
case the address must be an address outside the voter's county of
residence;
[(2) confinement in jail, in which case the address
must be the address of the jail or of a relative described by
Section 84.002(a)(4);
[(3)] 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) 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)(7)].
SECTION 6. 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 that prevents the voter from appearing at the polling
place on election day [described by Section 82.002] that originates
on or after the [day before the] last day for early voting by
personal appearance [submitting an application for a ballot to be
voted by mail].
SECTION 7. (a) Sections 82.001, 82.002, 82.004, 82.007, and
82.008, Election Code, are repealed.
(b) Sections 84.002(b) and (c), Election Code, are
repealed.
SECTION 8. The changes in law made by this Act apply only to
an application to vote an early voting ballot by mail submitted for
an election ordered on or after the effective date of this Act. An
application to vote an early voting ballot by mail submitted for an
election ordered before the effective date of this Act is governed
by the law in effect when the application was submitted, and the
former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2025.