89R10212 JDK-F
By: Hall S.B. No. 1473
A BILL TO BE ENTITLED
AN ACT
relating to early voting by mail on the ground of absence from the
voter's 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 under Section 86.003(c);
(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 the date
on or after which the applicant can receive mail at the address
listed on the applicant's application for a ballot to be voted by
mail [outside the county];
(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(c), Election Code, is amended to
read as follows:
(c) The address to which the balloting materials must be
addressed is the address at which the voter is registered to vote,
or the registered mailing address if different, unless the ground
for voting by mail is:
(1) absence from the county of residence, in which
case the address may [must] be an address outside the voter's county
of residence;
(2) confinement in jail, in which case the address
must be the address of the jail or of a relative described by
Section 84.002(a)(4);
(3) age or disability and the voter is living at a
hospital, nursing home or other long-term care facility, or
retirement center, or with a relative described by Section
84.002(a)(3), in which case the address must be the address of that
facility or relative; or
(4) involuntary civil commitment, in which case the
address must be the address of the facility or of a relative
described by Section 84.002(a)(7).
SECTION 4. Section 87.041(b), Election Code, is amended to
read as follows:
(b) A ballot may be accepted only if:
(1) the carrier envelope certificate is properly
executed;
(2) neither the voter's signature on the ballot
application nor the signature on the carrier envelope certificate
is determined to have been executed by a person other than the
voter, unless signed by a witness;
(3) the voter's ballot application states a legal
ground for early voting by mail;
(4) the voter is registered to vote, if registration
is required by law;
(5) for a ballot [the address to which the ballot was]
mailed to the voter for[, as indicated by the application, was
outside the voter's county of residence, if the ground for] early
voting on the ground of [is] absence from the county of residence,
the address to which the ballot was mailed to the voter was:
(A) the address at which the voter is registered
to vote;
(B) the voter's registered mailing address, if
different from the address in Paragraph (A); or
(C) an address outside the voter's county of
residence;
(6) for a voter to whom a statement of residence form
was required to be sent under Section 86.002(a), the statement of
residence is returned in the carrier envelope and indicates that
the voter satisfies the residence requirements prescribed by
Section 63.0011;
(7) the address to which the ballot was mailed to the
voter is an address that is otherwise required by Sections 84.002
and 86.003; and
(8) the information required under Section 86.002(g)
provided by the voter identifies the same voter identified on the
voter's application for voter registration under Section
13.002(c)(8).
SECTION 5. The changes in law made by this Act apply only to
an election ordered on or after the effective date of this Act.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.