Texas 2025 - 89th Regular

Texas House Bill HB569 Compare Versions

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

Old	New	Differences
1	1	89R1508 TSS-D
2	2	By: Bucy H.B. No. 569
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an opportunity to correct certain defects in an early
10	10	voting ballot voted by mail.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 86.011, Election Code, is amended by
13	13	amending Subsection (d) and adding Subsections (e), (f), (g), (h),
14	14	(i), (j), and (k) to read as follows:
15	15	(d) Notwithstanding any other provisions of this code, if
16	16	the clerk receives a timely carrier envelope that does not fully
17	17	comply with the applicable requirements prescribed by this title,
18	18	the clerk, not later than the second day after the clerk discovers
19	19	the defect and before the time of delivery under Subchapter B,
20	20	Chapter 87, shall send [may deliver the carrier envelope in person
21	21	or by mail to] the voter a notice of the defect and a corrective
22	22	action form developed by the secretary of state under Subsection
23	23	(g) by mail or by common or contract carrier.
24	24	(e) The early voting clerk shall include with the notice
25	25	delivered to the voter under Subsection (d):
26	26	(1) a brief explanation of each defect in the
27	27	noncomplying ballot; and
28	28	(2) a notice that the voter may:
29	29	(A) [and may receive, before the deadline, the
30	30	corrected carrier envelope from the voter, or the clerk may notify
31	31	the voter of the defect by telephone and advise the voter that the
32	32	voter may come to the clerk's office in person to correct the defect
33	33	or] cancel the voter's application to vote by mail in the manner
34	34	described by Section 84.032; or
35	35	(B) correct the defect in the voter's ballot by:
36	36	(i) submitting a corrective action form
37	37	developed and made available by the secretary of state under
38	38	Subsection (g) by mail or by common or contract carrier; or
39	39	(ii) coming to the early voting clerk's
40	40	office not later than the sixth day after election day [and vote on
41	41	election day].
42	42	(f) If the early voting clerk determines that it would not
43	43	be possible for the voter to receive the notice of defect within a
44	44	reasonable time to correct the defect, the clerk may notify the
45	45	voter of the defect by telephone or e-mail and inform the voter that
46	46	the voter may request to have the voter's application to vote by
47	47	mail canceled in the manner described by Section 84.032, submit a
48	48	corrective action form developed by the secretary of state under
49	49	Subsection (g) by mail or by common or contract carrier, or come to
50	50	the early voting clerk's office in person not later than the sixth
51	51	day after election day to correct the defect.
52	52	(g) The secretary of state shall develop a corrective action
53	53	form that may be completed and submitted to an early voting clerk
54	54	under this section to correct a defect.
55	55	(h) If the early voting clerk takes an action described by
56	56	Subsection (d), the clerk must take either action described by that
57	57	subsection with respect to each ballot in the election to which this
58	58	section applies [procedures authorized by this subsection are used,
59	59	they must be applied uniformly to all carrier envelopes covered by
60	60	this subsection].
61	61	(i) A poll watcher is entitled to observe an action taken
62	62	under Subsection (d) or (f) [the procedures under this subsection].
63	63	(j) The early voting clerk shall:
64	64	(1) in addition to sending the voter notice of the
65	65	defect under Subsection (d) or notifying the voter of the defect by
66	66	telephone or e-mail under Subsection (f), notify the voter of a
67	67	defect discovered under this section using the online tool
68	68	described by Section 86.015; and
69	69	(2) if possible, permit the voter to correct a defect
70	70	using the online tool described by Section 86.015.
71	71	(k) The secretary of state may prescribe any [other]
72	72	procedures necessary to implement this section [subsection
73	73	including requirements for posting notice of any deliveries].
74	74	SECTION 2. Section 86.015(a), Election Code, is amended to
75	75	read as follows:
76	76	(a) The secretary of state shall develop or otherwise
77	77	provide an online tool to each early voting clerk on the secretary's
78	78	Internet website and on the county's Internet website if the early
79	79	voting clerk is the county clerk of a county that maintains an
80	80	Internet website that enables a person who submits an application
81	81	for a ballot to be voted by mail to:
82	82	(1) track the location and status of the person's
83	83	application and ballot; and
84	84	(2) receive notice of and, if possible, correct a
85	85	defect in the person's application and ballot under Sections
86	86	86.008(c-1), 86.011(j), 87.0271(e-1), and 87.0411(e-1).
87	87	SECTION 3. The changes in law made by this Act apply only to
88	88	an election held on or after the effective date of this Act. An
89	89	election held before the effective date of this Act is governed by
90	90	the law in effect when the election was held, and that law is
91	91	continued in effect for that purpose.
92	92	SECTION 4. This Act takes effect September 1, 2025.