Texas 2025 - 89th Regular

Texas House Bill HB4964 Compare Versions

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11 89R14382 AB-D
22 By: Schatzline H.B. No. 4964
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to eligibility requirements for early voting by mail.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. Section 13.002(e), Election Code, is amended to
1212 read as follows:
1313 (e) A person who is certified for participation in the
1414 address confidentiality program administered by the attorney
1515 general under Subchapter B, Chapter 58, Code of Criminal Procedure,
1616 is not eligible for early voting by mail [under Section 82.007]
1717 unless the person submits an application under this section by
1818 personal delivery. The secretary of state may adopt rules to
1919 implement this subsection.
2020 SECTION 2. Section 84.002(a), Election Code, is amended to
2121 read as follows:
2222 (a) An early voting ballot application must include:
2323 (1) the applicant's name and the address at which the
2424 applicant is registered to vote;
2525 (1-a) the following information:
2626 (A) the number of the applicant's driver's
2727 license, election identification certificate, or personal
2828 identification card issued by the Department of Public Safety;
2929 (B) if the applicant has not been issued a number
3030 described by Paragraph (A), the last four digits of the applicant's
3131 social security number; or
3232 (C) a statement by the applicant that the
3333 applicant has not been issued a number described by Paragraph (A) or
3434 (B);
3535 (2) [for an application for a ballot to be voted by
3636 mail on the ground of absence from the county of residence, the
3737 address outside the applicant's county of residence to which the
3838 ballot is to be mailed;
3939 [(3)] for an application for a ballot to be voted by
4040 mail on the ground of age [or disability], the address of the
4141 hospital, nursing home or other long-term care facility, or
4242 retirement center, or of a person related to the applicant within
4343 the second degree by affinity or the third degree by consanguinity,
4444 as determined under Chapter 573, Government Code, if the applicant
4545 is living at that address and that address is different from the
4646 address at which the applicant is registered to vote;
4747 [(4) for an application for a ballot to be voted by
4848 mail on the ground of confinement in jail, the address of the jail
4949 or of a person related to the applicant within the degree described
5050 by Subdivision (3);]
5151 (3) [(5) for an application for a ballot to be voted by
5252 mail on any ground,] an indication of each election for which the
5353 applicant is applying for a ballot; and
5454 (4) [(6)] an indication of the ground of eligibility
5555 for early voting[; and
5656 [(7) for an application for a ballot to be voted by
5757 mail on the ground of involuntary civil commitment, the address of
5858 the facility operated by or under contract with the Texas Civil
5959 Commitment Office or of a person related to the applicant within the
6060 degree of consanguinity described by Subdivision (3)].
6161 SECTION 3. Section 84.0021(a), Election Code, is amended to
6262 read as follows:
6363 (a) An early voting ballot application submitted by a
6464 qualified voter certified for participation in the address
6565 confidentiality program administered by the attorney general under
6666 Subchapter B, Chapter 58, Code of Criminal Procedure, who is
6767 eligible for early voting by mail [under Section 82.007] must
6868 include:
6969 (1) the applicant's name and address at which the
7070 applicant is registered to vote;
7171 (2) the substitute post office box address designated
7272 by the attorney general under Article 58.052(b), Code of Criminal
7373 Procedure, for use by the voter in place of the voter's true
7474 residential, business, or school address; and
7575 (3) an indication of each election for which the
7676 applicant is applying for a ballot.
7777 SECTION 4. Sections 84.011(a) and (c), Election Code, are
7878 amended to read as follows:
7979 (a) The officially prescribed application form for an early
8080 voting ballot must include:
8181 (1) immediately preceding the signature space the
8282 statement: "I certify that the information given in this
8383 application is true, and I understand that giving false information
8484 in this application is a crime.";
8585 (2) a statement informing the applicant of the
8686 offenses prescribed by Sections 84.003 and 84.004;
8787 (3) spaces for entering an applicant's voter
8888 registration number and county election precinct of registration,
8989 with a statement informing the applicant that failure to furnish
9090 that information does not invalidate the application;
9191 (3-a) a space for entering the information required
9292 under Section 84.002(a)(1-a); and
9393 (4) on an application for a ballot to be voted by mail:
9494 (A) [a space for an applicant applying on the
9595 ground of absence from the county of residence to indicate the date
9696 on or after which the applicant can receive mail at the address
9797 outside the county;
9898 [(B)] a space for indicating the fact that an
9999 applicant whose application is signed by a witness cannot make the
100100 applicant's mark and a space for indicating the relationship or
101101 lack of relationship of the witness to the applicant;
102102 (B) [(C)] a space for entering an applicant's
103103 telephone number, with:
104104 (i) a statement informing the applicant
105105 that failure to furnish that information does not invalidate the
106106 application; and
107107 (ii) a statement prescribed by the
108108 secretary of state explaining the benefits of furnishing that
109109 information, including how that information assists the early
110110 voting clerk;
111111 (C) [(D)] a space or box for an applicant
112112 applying on the ground of age [or disability] to indicate that the
113113 address to which the ballot is to be mailed is the address of a
114114 facility or relative described by Section 84.002(a)(3), if
115115 applicable;
116116 (D) [(E) a space or box for an applicant applying
117117 on the ground of confinement in jail or involuntary civil
118118 commitment to indicate that the address to which the ballot is to be
119119 mailed is the address of a relative described by Section
120120 84.002(a)(4) or (7), if applicable;
121121 [(F)] a space for an applicant applying on the
122122 ground of age [or disability] to indicate if the application is an
123123 application under Section 86.0015;
124124 (E) [(G)] spaces for entering the signature,
125125 printed name, and residence address of any person assisting the
126126 applicant;
127127 (F) [(H)] a statement informing the applicant of
128128 the condition prescribed by Section 81.005; and
129129 (G) [(I)] a statement informing the applicant of
130130 the requirement prescribed by Section 86.003(c).
131131 (c) The secretary of state shall make the statement
132132 prescribed by Subsection (a)(4)(B)(ii) [(a)(4)(C)(ii)] available
133133 on the secretary's Internet website.
134134 SECTION 5. Section 86.003(c), Election Code, is amended to
135135 read as follows:
136136 (c) The address to which the balloting materials must be
137137 addressed is the address at which the voter is registered to vote,
138138 or the registered mailing address if different, unless the ground
139139 for voting by mail is[:
140140 [(1) absence from the county of residence, in which
141141 case the address must be an address outside the voter's county of
142142 residence;
143143 [(2) confinement in jail, in which case the address
144144 must be the address of the jail or of a relative described by
145145 Section 84.002(a)(4);
146146 [(3)] age [or disability] and the voter is living at a
147147 hospital, nursing home or other long-term care facility, or
148148 retirement center, or with a relative described by Section
149149 84.002(a)(3), in which case the address must be the address of that
150150 facility or relative[; or
151151 [(4) involuntary civil commitment, in which case the
152152 address must be the address of the facility or of a relative
153153 described by Section 84.002(a)(7)].
154154 SECTION 6. Section 102.001(a), Election Code, is amended to
155155 read as follows:
156156 (a) A qualified voter is eligible to vote a late ballot as
157157 provided by this chapter if the voter has a sickness or physical
158158 condition that prevents the voter from appearing at the polling
159159 place on election day [described by Section 82.002] that originates
160160 on or after the [day before the] last day for early voting by
161161 personal appearance [submitting an application for a ballot to be
162162 voted by mail].
163163 SECTION 7. (a) Sections 82.001, 82.002, 82.004, 82.007, and
164164 82.008, Election Code, are repealed.
165165 (b) Sections 84.002(b) and (c), Election Code, are
166166 repealed.
167167 SECTION 8. The changes in law made by this Act apply only to
168168 an application to vote an early voting ballot by mail submitted for
169169 an election ordered on or after the effective date of this Act. An
170170 application to vote an early voting ballot by mail submitted for an
171171 election ordered before the effective date of this Act is governed
172172 by the law in effect when the application was submitted, and the
173173 former law is continued in effect for that purpose.
174174 SECTION 9. This Act takes effect September 1, 2025.