TX
Texas House Bill HB952

Texas 2025 - 89th Regular

Texas House Bill HB952 Compare Versions

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1-89R21034 JDK-F
2- By: Toth, et al. H.B. No. 952
3- Substitute the following for H.B. No. 952:
4- By: Shaheen C.S.H.B. No. 952
1+By: Toth H.B. No. 952
52
63
74
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96 A BILL TO BE ENTITLED
107 AN ACT
11- relating to the electronic identification and tracking of early
12- voting ballots voted by mail.
8+ relating to identification of early voting ballots voted by mail by
9+ electronic code.
1310 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1411 SECTION 1. Subchapter C, Chapter 52, Election Code, is
1512 amended by adding Section 52.076 to read as follows:
16- Sec. 52.076. IDENTIFYING CODE FOR MAIL-IN BALLOTS. (a) In
17- an election in which the county clerk is the early voting clerk,
18- each early voting ballot voted by mail must include a scannable code
13+ Sec. 52.076. IDENTIFYING CODE FOR MAIL-IN BALLOTS. (a)
14+ Each early voting ballot voted by mail must include a unique code
1915 readable by an electronic device that may be used to verify the
20- authenticity of the ballot. The code must correspond to the number
21- assigned to the ballot under Section 52.062.
16+ authenticity of the ballot.
2217 (b) No record associating an individual voter with a code
2318 assigned to a ballot under this section may be created.
2419 (c) The secretary of state by rule shall provide for the
25- design and distribution of a system for generating and tracking
26- scannable codes in a manner that, to the greatest extent possible,
27- prevents the unauthorized reproduction or misuse of mail ballots.
20+ design and distribution of a unique code system in a manner that, to
21+ the greatest extent possible, prevents the unauthorized
22+ reproduction or misuse of mail ballots.
2823 SECTION 2. Section 86.001, Election Code, is amended by
2924 adding Subsection (h) to read as follows:
30- (h) If a ballot has a scannable code described by Section
31- 52.076, the clerk shall, before providing the ballot to an
32- applicant, identify the code with an electronic device and make a
33- record indicating that a ballot with the code was issued.
34- SECTION 3. Section 86.013(d), Election Code, is amended to
35- read as follows:
36- (d) The following textual material, as prescribed by the
37- secretary of state, must be printed on the reverse side of the
38- official carrier envelope or on a separate sheet accompanying the
39- carrier envelope when it is provided:
40- (1) the prohibition prescribed by Section 86.006(b);
41- (2) the conditions for delivery by common or contract
42- carrier prescribed by Sections 81.005 and 86.006;
43- (3) the requirements for the legal execution and
44- delivery of the carrier envelope, including the prohibition on
45- compensation for depositing carrier envelopes containing ballots
46- voted by other persons under Section 86.0052;
47- (4) the prohibition prescribed by Section 86.006(e);
48- [and]
49- (5) the offenses prescribed by Sections 86.006(f) and
50- 86.010(f); and
51- (6) the availability of and instructions to use the
52- system described by Section 86.016.
53- SECTION 4. Chapter 86, Election Code, is amended by adding
54- Section 86.016 to read as follows:
55- Sec. 86.016. ELECTRONIC TRACKING OF CARRIER ENVELOPE. (a)
56- The early voting clerk shall develop and implement a system to allow
57- a voter to track the carrier envelope containing the voter's ballot
58- while the envelope is in transit with the United States Postal
59- Service.
60- (b) The secretary of state may by rule provide for the
61- secretary of state to develop and implement the system under
62- Subsection (a) in place of the early voting clerk.
63- SECTION 5. Section 87.062, Election Code, is amended by
25+ (h) Before the clerk provides a ballot to an applicant, the
26+ clerk shall identify the unique code included on each ballot with an
27+ electronic device and make a record indicating that a ballot with
28+ the unique code was issued.
29+ SECTION 3. Section 87.062, Election Code, is amended by
6430 adding Subsection (a-1) to read as follows:
65- (a-1) If a ballot has a scannable code under Section 52.076,
66- the early voting ballot board shall identify the code with an
67- electronic device and compare the code on the ballot to the codes
68- recorded by the early voting clerk under Section 86.001(h). If the
69- code does not match a recorded code, the early voting ballot board
70- may not count the ballot. Ballots not counted under this section
71- shall be placed in an envelope and treated in the same manner as
72- rejected ballots under Section 87.043.
73- SECTION 6. Section 87.103, Election Code, is amended by
31+ (a-1) The early voting ballot board shall identify the
32+ unique code included on each ballot with an electronic device and
33+ compare the code on the ballot to the codes recorded by the early
34+ voting clerk under Section 86.001(h). If the code does not match a
35+ recorded code, the early voting ballot board may not count the
36+ ballot. Ballots not counted under this section shall be placed in
37+ an envelope and treated in the same manner as rejected ballots under
38+ Section 87.043.
39+ SECTION 4. Section 87.103, Election Code, is amended by
7440 adding Subsection (a-1) to read as follows:
75- (a-1) If a ballot has a scannable code under Section 52.076,
76- the code must be identified by an electronic device. If the code on
77- the ballot does not match a code recorded by the early voting clerk
78- under Section 86.001(h), the ballot may not be counted. Ballots not
41+ (a-1) The unique code included on each ballot must be
42+ identified by an electronic device and if the code on the ballot
43+ does not match a code recorded by the early voting clerk under
44+ Section 86.001(h), the ballot may not be counted. Ballots not
7945 counted under this section shall be placed in an envelope and
8046 treated in the same manner as rejected ballots under Section
8147 87.043.
82- SECTION 7. This Act takes effect September 1, 2025.
48+ SECTION 5. This Act takes effect September 1, 2025.