89R1516 TSS-D
By: Bucy H.B. No. 649
A BILL TO BE ENTITLED
AN ACT
relating to the electronic transmission of a ballot to a voter
voting early by mail on the ground of absence from the county of
residence.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 or an e-mail address for the applicant to which the
ballot is sent by electronic transmission;
(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);
(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;
(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 2. Section 84.011(a), Election Code, is 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:
(i) the date on or after which the applicant
can receive mail at the address outside the county; or
(ii) that the applicant wishes to receive
the balloting materials by electronic transmission and provide an
e-mail address;
(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;
(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;
(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;
(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;
(G) spaces for entering the signature, printed
name, and residence address of any person assisting the applicant;
(H) a statement informing the applicant of the
condition prescribed by Section 81.005; and
(I) a statement informing the applicant of the
requirement prescribed by Section 86.003(c).
SECTION 3. Section 86.003(a), Election Code, is amended to
read as follows:
(a) Except as provided by Section 86.0031, the [The]
balloting materials for voting by mail shall be provided to the
voter by mail. A ballot provided by any other method may not be
counted.
SECTION 4. Chapter 86, Election Code, is amended by adding
Section 86.0031 to read as follows:
Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING
BALLOT. (a) A voter voting by mail on the ground of absence from
the voter's county of residence may elect to receive the balloting
materials by electronic transmission on the voter's application for
an early voting ballot to be voted by mail.
(b) Balloting materials to be sent by electronic
transmission under this section include:
(1) the appropriate ballot;
(2) ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
counted;
(3) instructions prescribed by the secretary of state
on how to create a ballot envelope and carrier envelope or signature
sheet for the ballot; and
(4) a list of certified write-in candidates, if
applicable.
(c) The balloting materials may be provided by e-mail to the
voter:
(1) in a portable document format or similar file type
or through a scanned format; or
(2) by any other method of electronic transmission
authorized by the secretary of state in writing.
(d) An e-mail address used under this section to request
balloting materials is confidential and does not constitute public
information for purposes of Chapter 552, Government Code. An early
voting clerk shall ensure that a voter's e-mail address provided
under this section is excluded from public disclosure.
(e) The secretary of state shall prescribe procedures to
implement this section.
SECTION 5. Section 86.006, Election Code, is amended by
amending Subsection (a) and adding Subsection (a-3) to read as
follows:
(a) Except as provided by Subsection (a-3), a [A] marked
ballot voted under this chapter must be returned to the early voting
clerk in the official carrier envelope. The carrier envelope may
be delivered in another envelope and must be transported and
delivered only by:
(1) mail;
(2) common or contract carrier; or
(3) subject to Subsections (a-1) and (a-2), in-person
delivery by the voter who voted the ballot.
(a-3) A marked ballot received through electronic
transmission as provided by Section 86.0031 shall be returned to
the early voting clerk by mail or common or contract carrier through
the procedures prescribed by the secretary of state.
SECTION 6. This Act takes effect September 1, 2025.