1 | 1 | | 89R12676 AB-D |
---|
2 | 2 | | By: Villalobos H.B. No. 5351 |
---|
3 | 3 | | |
---|
4 | 4 | | |
---|
5 | 5 | | |
---|
6 | 6 | | |
---|
7 | 7 | | A BILL TO BE ENTITLED |
---|
8 | 8 | | AN ACT |
---|
9 | 9 | | relating to the election for which an application for a ballot to be |
---|
10 | 10 | | voted by mail is requested. |
---|
11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
---|
12 | 12 | | SECTION 1. Section 84.004(a), Election Code, is amended to |
---|
13 | 13 | | read as follows: |
---|
14 | 14 | | (a) A person commits an offense if[: |
---|
15 | 15 | | [(1)] the person signs an application for a ballot to |
---|
16 | 16 | | be voted by mail as a witness for more than one applicant in the same |
---|
17 | 17 | | election[; or |
---|
18 | 18 | | [(2) the person signs an application for annual |
---|
19 | 19 | | ballots by mail as a witness for more than one applicant in the same |
---|
20 | 20 | | calendar year]. |
---|
21 | 21 | | SECTION 2. Section 84.007(c), Election Code, is amended to |
---|
22 | 22 | | read as follows: |
---|
23 | 23 | | (c) An [Except as provided by Section 86.0015(b), an] |
---|
24 | 24 | | application may be submitted at any time in the year of the election |
---|
25 | 25 | | for which a ballot is requested, but not later than the close of |
---|
26 | 26 | | regular business in the early voting clerk's office or 12 noon, |
---|
27 | 27 | | whichever is later, on the 11th day before election day unless that |
---|
28 | 28 | | day is a Saturday, Sunday, or legal state or national holiday, in |
---|
29 | 29 | | which case the last day is the first preceding regular business day. |
---|
30 | 30 | | SECTION 3. Section 84.011(a), Election Code, is amended to |
---|
31 | 31 | | read as follows: |
---|
32 | 32 | | (a) The officially prescribed application form for an early |
---|
33 | 33 | | voting ballot must include: |
---|
34 | 34 | | (1) immediately preceding the signature space the |
---|
35 | 35 | | statement: "I certify that the information given in this |
---|
36 | 36 | | application is true, and I understand that giving false information |
---|
37 | 37 | | in this application is a crime."; |
---|
38 | 38 | | (2) a statement informing the applicant of the |
---|
39 | 39 | | offenses prescribed by Sections 84.003 and 84.004; |
---|
40 | 40 | | (3) spaces for entering an applicant's voter |
---|
41 | 41 | | registration number and county election precinct of registration, |
---|
42 | 42 | | with a statement informing the applicant that failure to furnish |
---|
43 | 43 | | that information does not invalidate the application; |
---|
44 | 44 | | (3-a) a space for entering the information required |
---|
45 | 45 | | under Section 84.002(a)(1-a); and |
---|
46 | 46 | | (4) on an application for a ballot to be voted by mail: |
---|
47 | 47 | | (A) a space for an applicant applying on the |
---|
48 | 48 | | ground of absence from the county of residence to indicate the date |
---|
49 | 49 | | on or after which the applicant can receive mail at the address |
---|
50 | 50 | | outside the county; |
---|
51 | 51 | | (B) a space for indicating the fact that an |
---|
52 | 52 | | applicant whose application is signed by a witness cannot make the |
---|
53 | 53 | | applicant's mark and a space for indicating the relationship or |
---|
54 | 54 | | lack of relationship of the witness to the applicant; |
---|
55 | 55 | | (C) a space for entering an applicant's telephone |
---|
56 | 56 | | number, with: |
---|
57 | 57 | | (i) a statement informing the applicant |
---|
58 | 58 | | that failure to furnish that information does not invalidate the |
---|
59 | 59 | | application; and |
---|
60 | 60 | | (ii) a statement prescribed by the |
---|
61 | 61 | | secretary of state explaining the benefits of furnishing that |
---|
62 | 62 | | information, including how that information assists the early |
---|
63 | 63 | | voting clerk; |
---|
64 | 64 | | (D) a space or box for an applicant applying on |
---|
65 | 65 | | the ground of age or disability to indicate that the address to |
---|
66 | 66 | | which the ballot is to be mailed is the address of a facility or |
---|
67 | 67 | | relative described by Section 84.002(a)(3), if applicable; |
---|
68 | 68 | | (E) a space or box for an applicant applying on |
---|
69 | 69 | | the ground of confinement in jail or involuntary civil commitment |
---|
70 | 70 | | to indicate that the address to which the ballot is to be mailed is |
---|
71 | 71 | | the address of a relative described by Section 84.002(a)(4) or (7), |
---|
72 | 72 | | if applicable; |
---|
73 | 73 | | (F) [a space for an applicant applying on the |
---|
74 | 74 | | ground of age or disability to indicate if the application is an |
---|
75 | 75 | | application under Section 86.0015; |
---|
76 | 76 | | [(G)] spaces for entering the signature, printed |
---|
77 | 77 | | name, and residence address of any person assisting the applicant; |
---|
78 | 78 | | (G) [(H)] a statement informing the applicant of |
---|
79 | 79 | | the condition prescribed by Section 81.005; and |
---|
80 | 80 | | (H) [(I)] a statement informing the applicant of |
---|
81 | 81 | | the requirement prescribed by Section 86.003(c). |
---|
82 | 82 | | SECTION 4. Section 84.038, Election Code, is amended to |
---|
83 | 83 | | read as follows: |
---|
84 | 84 | | Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION. |
---|
85 | 85 | | The cancellation of an application for a ballot to be voted by mail |
---|
86 | 86 | | under Section 84.032(c), (d), or (e) is effective for a single |
---|
87 | 87 | | ballot only and does not cancel the application with respect to a |
---|
88 | 88 | | subsequent runoff election[, including a subsequent election to |
---|
89 | 89 | | which the same application applies under Section 84.001(e) or |
---|
90 | 90 | | 86.0015(b)]. |
---|
91 | 91 | | SECTION 5. Section 86.0015, Election Code, is repealed. |
---|
92 | 92 | | SECTION 6. The change in law made by this Act in amending |
---|
93 | 93 | | Section 84.004(a), Election Code, applies only to an offense |
---|
94 | 94 | | committed on or after the effective date of this Act. An offense |
---|
95 | 95 | | committed before the effective date of this Act is governed by the |
---|
96 | 96 | | law in effect on the date the offense was committed, and the former |
---|
97 | 97 | | law is continued in effect for that purpose. For purposes of this |
---|
98 | 98 | | section, an offense was committed before the effective date of this |
---|
99 | 99 | | Act if any element of the offense occurred before that date. |
---|
100 | 100 | | SECTION 7. This Act applies only to an application for a |
---|
101 | 101 | | ballot voted by mail submitted on or after January 1, 2026. |
---|
102 | 102 | | SECTION 8. This Act takes effect January 1, 2026. |
---|