89R21034 JDK-F
By: Toth, et al. H.B. No. 952
Substitute the following for H.B. No. 952:
By: Shaheen C.S.H.B. No. 952
A BILL TO BE ENTITLED
AN ACT
relating to the electronic identification and tracking of early
voting ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 52, Election Code, is
amended by adding Section 52.076 to read as follows:
Sec. 52.076. IDENTIFYING CODE FOR MAIL-IN BALLOTS. (a) In
an election in which the county clerk is the early voting clerk,
each early voting ballot voted by mail must include a scannable code
readable by an electronic device that may be used to verify the
authenticity of the ballot. The code must correspond to the number
assigned to the ballot under Section 52.062.
(b) No record associating an individual voter with a code
assigned to a ballot under this section may be created.
(c) The secretary of state by rule shall provide for the
design and distribution of a system for generating and tracking
scannable codes in a manner that, to the greatest extent possible,
prevents the unauthorized reproduction or misuse of mail ballots.
SECTION 2. Section 86.001, Election Code, is amended by
adding Subsection (h) to read as follows:
(h) If a ballot has a scannable code described by Section
52.076, the clerk shall, before providing the ballot to an
applicant, identify the code with an electronic device and make a
record indicating that a ballot with the code was issued.
SECTION 3. Section 86.013(d), Election Code, is amended to
read as follows:
(d) The following textual material, as prescribed by the
secretary of state, must be printed on the reverse side of the
official carrier envelope or on a separate sheet accompanying the
carrier envelope when it is provided:
(1) the prohibition prescribed by Section 86.006(b);
(2) the conditions for delivery by common or contract
carrier prescribed by Sections 81.005 and 86.006;
(3) the requirements for the legal execution and
delivery of the carrier envelope, including the prohibition on
compensation for depositing carrier envelopes containing ballots
voted by other persons under Section 86.0052;
(4) the prohibition prescribed by Section 86.006(e);
[and]
(5) the offenses prescribed by Sections 86.006(f) and
86.010(f); and
(6) the availability of and instructions to use the
system described by Section 86.016.
SECTION 4. Chapter 86, Election Code, is amended by adding
Section 86.016 to read as follows:
Sec. 86.016. ELECTRONIC TRACKING OF CARRIER ENVELOPE. (a)
The early voting clerk shall develop and implement a system to allow
a voter to track the carrier envelope containing the voter's ballot
while the envelope is in transit with the United States Postal
Service.
(b) The secretary of state may by rule provide for the
secretary of state to develop and implement the system under
Subsection (a) in place of the early voting clerk.
SECTION 5. Section 87.062, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If a ballot has a scannable code under Section 52.076,
the early voting ballot board shall identify the code with an
electronic device and compare the code on the ballot to the codes
recorded by the early voting clerk under Section 86.001(h). If the
code does not match a recorded code, the early voting ballot board
may not count the ballot. Ballots not counted under this section
shall be placed in an envelope and treated in the same manner as
rejected ballots under Section 87.043.
SECTION 6. Section 87.103, Election Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If a ballot has a scannable code under Section 52.076,
the code must be identified by an electronic device. If the code on
the ballot does not match a code recorded by the early voting clerk
under Section 86.001(h), the ballot may not be counted. Ballots not
counted under this section shall be placed in an envelope and
treated in the same manner as rejected ballots under Section
87.043.
SECTION 7. This Act takes effect September 1, 2025.