Texas 2025 - 89th Regular

Texas Senate Bill SB1584 Compare Versions

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

Old	New	Differences
1	1	89R6028 LRM-D
2	2	By: Eckhardt S.B. No. 1584
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to early voting by mail by any qualified voter and to the
10	10	repeal of certain criminal offenses concerning the solicitation and
11	11	distribution of an application to vote by mail.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 13.002(e), Election Code, is amended to
14	14	read as follows:
15	15	(e) Notwithstanding Section 82.005, a [A] person who is
16	16	certified for participation in the address confidentiality program
17	17	administered by the attorney general under Subchapter B, Chapter
18	18	58, Code of Criminal Procedure, is not eligible for early voting by
19	19	mail [under Section 82.007] unless the person submits an
20	20	application under this section by personal delivery. The secretary
21	21	of state may adopt rules to implement this subsection.
22	22	SECTION 2. Section 82.005, Election Code, is amended to
23	23	read as follows:
24	24	Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
25	25	APPEARANCE]. Any qualified voter is eligible for early voting by
26	26	mail or personal appearance.
27	27	SECTION 3. Section 82.007, Election Code, is amended to
28	28	read as follows:
29	29	Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY
30	30	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
31	31	who, [is eligible for early voting by mail if:
32	32	[(1) the voter submitted a registration application by
33	33	personal delivery as required by Section 13.002(e); and
34	34	[(2)] at the time the voter's early voting ballot
35	35	application is submitted, [the voter] is certified for
36	36	participation in the address confidentiality program administered
37	37	by the attorney general under Subchapter B, Chapter 58, Code of
38	38	Criminal Procedure, is eligible for early voting by mail only if the
39	39	voter submitted a registration application by personal delivery as
40	40	required by Section 13.002(e).
41	41	SECTION 4. Section 84.001(a), Election Code, is amended to
42	42	read as follows:
43	43	(a) To be entitled to vote an early voting ballot by mail, a
44	44	person [who is eligible for early voting] must make an application
45	45	for an early voting ballot to be voted by mail as provided by this
46	46	title.
47	47	SECTION 5. Section 84.002(a), Election Code, is amended to
48	48	read as follows:
49	49	(a) An early voting ballot application must include:
50	50	(1) the applicant's name and the address at which the
51	51	applicant is registered to vote;
52	52	(1-a) the following information:
53	53	(A) the number of the applicant's driver's
54	54	license, election identification certificate, or personal
55	55	identification card issued by the Department of Public Safety;
56	56	(B) if the applicant has not been issued a number
57	57	described by Paragraph (A), the last four digits of the applicant's
58	58	social security number; or
59	59	(C) a statement by the applicant that the
60	60	applicant has not been issued a number described by Paragraph (A) or
61	61	(B);
62	62	(2) for an application for a ballot to be voted by mail
63	63	by an applicant who will be absent from the applicant's [on the
64	64	ground of absence from the] county of residence on election day, the
65	65	address outside the applicant's county of residence to which the
66	66	ballot is to be mailed;
67	67	(3) for an application for a ballot to be voted by mail
68	68	by an applicant who is 65 years of age or older on election day or
69	69	has a sickness or physical condition that requires the applicant to
70	70	reside in a hospital or nursing home or other long-term care
71	71	facility, in a retirement center, or with a relative [on the ground
72	72	of age or disability], the address of the hospital, nursing home or
73	73	other long-term care facility, or retirement center, or of a person
74	74	related to the applicant within the second degree by affinity or the
75	75	third degree by consanguinity, as determined under Chapter 573,
76	76	Government Code, if the applicant is living at that address and that
77	77	address is different from the address at which the applicant is
78	78	registered to vote;
79	79	(4) for an application for a ballot to be voted by mail
80	80	by an applicant who is confined [on the ground of confinement] in
81	81	jail as described by Section 84.009(a), the address of the jail or
82	82	of a person related to the applicant within the degree described by
83	83	Subdivision (3);
84	84	(5) [for an application for a ballot to be voted by
85	85	mail on any ground,] an indication of each election for which the
86	86	applicant is applying for a ballot; and
87	87	(6) [an indication of the ground of eligibility for
88	88	early voting; and
89	89	[(7)] for an application for a ballot to be voted by
90	90	mail by an applicant who is civilly committed as a sexually violent
91	91	predator under Chapter 841, Health and Safety Code, and ordered as a
92	92	condition of civil commitment to reside in a facility operated by or
93	93	under contract with the Texas Civil Commitment Office [on the
94	94	ground of involuntary civil commitment], the address of the
95	95	facility operated by or under contract with the Texas Civil
96	96	Commitment Office or of a person related to the applicant within the
97	97	degree of consanguinity described by Subdivision (3).
98	98	SECTION 6. Section 84.009, Election Code, is amended by
99	99	amending Subsection (a) and adding Subsection (b) to read as
100	100	follows:
101	101	(a) This section applies only to an applicant who, at the
102	102	time the application for a ballot to be voted by mail is submitted,
103	103	is confined in jail:
104	104	(1) serving a misdemeanor sentence for a term that
105	105	ends on or after election day;
106	106	(2) pending trial after denial of bail;
107	107	(3) without bail pending an appeal of a felony
108	108	conviction; or
109	109	(4) pending trial or appeal on a bailable offense for
110	110	which release on bail before election day is unlikely.
111	111	(b) On request of the applicant, an application for a ballot
112	112	to be voted by mail [on the ground of confinement in jail] may be
113	113	submitted to the early voting clerk, at the discretion of the
114	114	authority in charge of the jail, by personal delivery by the jail
115	115	authority or by a designated subordinate of the authority.
116	116	SECTION 7. Section 84.011(a), Election Code, is amended to
117	117	read as follows:
118	118	(a) The officially prescribed application form for an early
119	119	voting ballot must include:
120	120	(1) immediately preceding the signature space the
121	121	statement: "I certify that the information given in this
122	122	application is true, and I understand that giving false information
123	123	in this application is a crime.";
124	124	(2) a statement informing the applicant of the
125	125	offenses prescribed by Sections 84.003 and 84.004;
126	126	(3) spaces for entering an applicant's voter
127	127	registration number and county election precinct of registration,
128	128	with a statement informing the applicant that failure to furnish
129	129	that information does not invalidate the application;
130	130	(3-a) a space for entering the information required
131	131	under Section 84.002(a)(1-a); and
132	132	(4) on an application for a ballot to be voted by mail:
133	133	(A) a space for an applicant [applying on the
134	134	ground of absence from the county of residence] to indicate whether
135	135	the applicant will be absent from the applicant's county of
136	136	residence on election day and, if applicable, the date on or after
137	137	which the applicant can receive mail at the address outside the
138	138	county;
139	139	(B) a space for indicating the fact that an
140	140	applicant whose application is signed by a witness cannot make the
141	141	applicant's mark and a space for indicating the relationship or
142	142	lack of relationship of the witness to the applicant;
143	143	(C) a space for entering an applicant's telephone
144	144	number, with:
145	145	(i) a statement informing the applicant
146	146	that failure to furnish that information does not invalidate the
147	147	application; and
148	148	(ii) a statement prescribed by the
149	149	secretary of state explaining the benefits of furnishing that
150	150	information, including how that information assists the early
151	151	voting clerk;
152	152	(D) a space or box for an applicant who is 65
153	153	years of age or older on election day or has a sickness or physical
154	154	condition that requires the applicant to reside in a hospital or
155	155	nursing home or other long-term care facility, in a retirement
156	156	center, or with a relative, [applying on the ground of age or
157	157	disability] to indicate that the address to which the ballot is to
158	158	be mailed is the address of a facility or relative described by
159	159	Section 84.002(a)(3), if applicable;
160	160	(E) a space or box for an applicant who is
161	161	confined [applying on the ground of confinement] in jail as
162	162	described by Section 84.009(a) or who is civilly committed as a
163	163	sexually violent predator under Chapter 841, Health and Safety
164	164	Code, and ordered as a condition of civil commitment to reside in a
165	165	facility operated by or under contract with the Texas Civil
166	166	Commitment Office, [involuntary civil commitment] to indicate that
167	167	the address to which the ballot is to be mailed is the address of a
168	168	relative described by Section 84.002(a)(4) or (6) [(7)], if
169	169	applicable;
170	170	(F) a space for an applicant [applying on the
171	171	ground of age or disability] to indicate if the application is an
172	172	application under Section 86.0015;
173	173	(G) spaces for entering the signature, printed
174	174	name, and residence address of any person assisting the applicant;
175	175	(H) a statement informing the applicant of the
176	176	condition prescribed by Section 81.005; and
177	177	(I) a statement informing the applicant of the
178	178	requirement prescribed by Section 86.003(c).
179	179	SECTION 8. Section 84.0111, Election Code, is amended to
180	180	read as follows:
181	181	Sec. 84.0111. DISTRIBUTION OF APPLICATION FORM. (a) An
182	182	[Except as provided by Subsection (c) or as otherwise authorized by
183	183	this code, an] officer or employee of this state or of a political
184	184	subdivision of this state shall [may not] distribute an application
185	185	form for an early voting ballot to eligible voters six months before
186	186	the November uniform election date [a person who did not request an
187	187	application under Section 84.001].
188	188	(b) [An officer or employee of this state or of a political
189	189	subdivision of this state may not use public funds to facilitate the
190	190	distribution by another person of an application form for an early
191	191	voting ballot to a person who did not request an application under
192	192	Section 84.001.
193	193	[(c)] A political party or a candidate for office may
194	194	distribute an application form for an early voting ballot to a
195	195	person who did not request an application under Section 84.001.
196	196	SECTION 9. Sections 86.001(b) and (c), Election Code, are
197	197	amended to read as follows:
198	198	(b) If the application complies with the applicable
199	199	requirements prescribed by this title [applicant is entitled to
200	200	vote an early voting ballot by mail], the clerk shall provide an
201	201	official ballot to the applicant as provided by this chapter.
202	202	(c) Except as provided by Section 86.008, if the applicant
203	203	is not entitled to vote in the election [by mail], the clerk shall
204	204	reject the application, enter on the application "rejected" and the
205	205	reason for and date of rejection, and deliver written notice of the
206	206	reason for the rejection to the applicant at both the residence
207	207	address and mailing address on the application. A ballot may not be
208	208	provided to an applicant whose application is rejected.
209	209	SECTION 10. Section 86.0015(a), Election Code, is amended
210	210	to read as follows:
211	211	(a) This section applies only to an application for a ballot
212	212	to be voted by mail that[:
213	213	[(1) indicates the ground of eligibility is age or
214	214	disability; and
215	215	[(2)] does not specify the election for which a ballot
216	216	is requested or has been marked by the applicant as an application
217	217	for more than one election.
218	218	SECTION 11. Section 86.003(c), Election Code, is amended to
219	219	read as follows:
220	220	(c) The address to which the balloting materials must be
221	221	addressed is the address at which the voter is registered to vote,
222	222	or the registered mailing address if different, unless the
223	223	application to vote early by mail indicates that the voter [ground
224	224	for voting by mail is]:
225	225	(1) will be absent from the voter's [absence from the]
226	226	county of residence on election day, in which case the address must
227	227	be an address outside the voter's county of residence;
228	228	(2) is confined [confinement] in jail as described by
229	229	Section 84.009(a), in which case the address must be the address of
230	230	the jail or of a relative described by Section 84.002(a)(4);
231	231	(3) is 65 years of age or older on election day or has a
232	232	sickness or physical condition that requires the applicant to
233	233	reside in a hospital or nursing home or other long-term care
234	234	facility, in a retirement center, or with a relative, [age or
235	235	disability] and [the voter] is living at a hospital, nursing home or
236	236	other long-term care facility, or retirement center, or with a
237	237	relative described by Section 84.002(a)(3), in which case the
238	238	address must be the address of that facility or relative; or
239	239	(4) is civilly committed as a sexually violent
240	240	predator under Chapter 841, Health and Safety Code, and ordered as a
241	241	condition of civil commitment to reside in a facility operated by or
242	242	under contract with the Texas Civil Commitment Office [involuntary
243	243	civil commitment], in which case the address must be the address of
244	244	the facility or of a relative described by Section 84.002(a)(6)
245	245	[84.002(a)(7)].
246	246	SECTION 12. Section 86.004(b), Election Code, is amended to
247	247	read as follows:
248	248	(b) For an election to which Section 101.104 applies, the
249	249	balloting materials for a voter who indicates on the application
250	250	for a ballot to be voted by mail or the federal postcard application
251	251	that the voter seeks [is eligible] to vote early by mail as a
252	252	consequence of the voter's being outside the United States shall be
253	253	mailed on or before the later of the 45th day before election day or
254	254	the seventh calendar day after the date the clerk receives the
255	255	application. However, if it is not possible to mail the ballots by
256	256	the deadline of the 45th day before election day, the clerk shall
257	257	notify the secretary of state within 24 hours of knowing that the
258	258	deadline will not be met. The secretary of state shall monitor the
259	259	situation and advise the clerk, who shall mail the ballots as soon
260	260	as possible in accordance with the secretary of state's guidelines.
261	261	SECTION 13. Section 87.041(b), Election Code, is amended to
262	262	read as follows:
263	263	(b) A ballot may be accepted only if:
264	264	(1) the carrier envelope certificate is properly
265	265	executed;
266	266	(2) neither the voter's signature on the ballot
267	267	application nor the signature on the carrier envelope certificate
268	268	is determined to have been executed by a person other than the
269	269	voter, unless signed by a witness;
270	270	(3) [the voter's ballot application states a legal
271	271	ground for early voting by mail;
272	272	[(4)] the voter is registered to vote, if registration
273	273	is required by law;
274	274	(4) [(5) the address to which the ballot was mailed
275	275	to the voter, as indicated by the application, was outside the
276	276	voter's county of residence, if the ground for early voting is
277	277	absence from the county of residence;
278	278	[(6)] for a voter to whom a statement of residence form
279	279	was required to be sent under Section 86.002(a), the statement of
280	280	residence is returned in the carrier envelope and indicates that
281	281	the voter satisfies the residence requirements prescribed by
282	282	Section 63.0011;
283	283	(5) [(7)] the address to which the ballot was mailed
284	284	to the voter is an address [that is otherwise] required by Sections
285	285	84.002 and 86.003; and
286	286	(6) [(8)] the information required under Section
287	287	86.002(g) provided by the voter identifies the same voter
288	288	identified on the voter's application for voter registration under
289	289	Section 13.002(c)(8).
290	290	SECTION 14. Section 102.001(a), Election Code, is amended
291	291	to read as follows:
292	292	(a) A qualified voter is eligible to vote a late ballot as
293	293	provided by this chapter if the voter has a sickness or physical
294	294	condition [described by Section 82.002] that prevents the voter
295	295	from appearing at the polling place on election day without a
296	296	likelihood of needing personal assistance or of injuring the
297	297	voter's health and originates on or after the day before the last
298	298	day for submitting an application for a ballot to be voted by mail.
299	299	SECTION 15. The following provisions of the Election Code
300	300	are repealed:
301	301	(1) Section 82.001;
302	302	(2) Section 82.002;
303	303	(3) Section 82.003;
304	304	(4) Section 82.004;
305	305	(5) Section 82.008;
306	306	(6) Sections 84.002(b) and (c);
307	307	(7) Section 112.002(b);
308	308	(8) Section 276.016; and
309	309	(9) Section 276.017.
310	310	SECTION 16. The changes in law made by this Act apply only
311	311	to an election ordered on or after September 1, 2025.
312	312	SECTION 17. This Act takes effect September 1, 2025.