Bill Text: TX HB1762 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the facilitation of voting by persons confined in certain jails.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2019-03-04 - Referred to Elections [HB1762 Detail]
Download: Texas-2019-HB1762-Introduced.html
| 86R9933 ADM-D | ||
| By: Cole | H.B. No. 1762 | |
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| relating to the facilitation of voting by persons confined in | ||
| certain jails. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle B, Title 7, Election Code, is amended by | ||
| adding Chapter 108 to read as follows: | ||
| CHAPTER 108. ENFRANCHISEMENT OF PERSONS CONFINED IN COUNTY JAIL | ||
| Sec. 108.001. DEFINITION. In this chapter, "jail | ||
| administrator" means a sheriff or other person assigned to a | ||
| position overseeing a county jail. | ||
| Sec. 108.002. PLACEMENT OF SECURE VOTING BOX. (a) An early | ||
| voting clerk may request that one or more secure voting boxes be | ||
| placed in the county jail for the deposit of early voting ballots by | ||
| mail. | ||
| (b) A secure voting box may only be placed in the jail with | ||
| the consent of the jail administrator. | ||
| (c) A secure voting box that is placed in accordance with | ||
| this section must be placed in the jail not later than the 30th day | ||
| before election day. | ||
| (d) The secure voting boxes placed in accordance with this | ||
| section must be placed in one or more locations as necessary to | ||
| facilitate voting under this chapter without impediment by persons | ||
| confined in every building of a multiple-building jail. | ||
| Sec. 108.003. SECURITY OF SECURE VOTING BOX. (a) The jail | ||
| administrator shall ensure that a secure voting box placed in the | ||
| county jail is, at all times: | ||
| (1) locked to prevent tampering; and | ||
| (2) either: | ||
| (A) being guarded by an employee of the jail; or | ||
| (B) inside a locked room with no persons present. | ||
| (b) With the consent of the jail administrator, the early | ||
| voting clerk may collect ballots placed in a secure voting box | ||
| throughout the early voting period. This may include collecting | ||
| and replacing a secure voting box. | ||
| Sec. 108.004. VOTING BY PERSON CONFINED IN COUNTY JAIL. (a) | ||
| A person confined in a county jail who is a qualified voter and is in | ||
| possession of the person's early voting ballot to be voted by mail | ||
| may: | ||
| (1) mail the completed ballot; or | ||
| (2) place the ballot in a secure voting box placed in | ||
| the jail in accordance with this chapter. | ||
| (b) The jail administrator may: | ||
| (1) permit a person confined in jail to place the | ||
| person's ballot directly in the secure voting box; or | ||
| (2) require a person confined in jail to deliver the | ||
| completed ballot to an employee of the jail, who must then place the | ||
| ballot in the secure voting box. | ||
| (c) A person who places a ballot in the secure voting box on | ||
| behalf of the voter under Subsection (b)(2) is an assistant for | ||
| purposes of Section 86.0051(b), and Section 86.006(f) does not | ||
| apply to that person. | ||
| Sec. 108.005. DELIVERY OF SECURE VOTING BOX TO EARLY VOTING | ||
| CLERK. The jail administrator shall ensure that all ballots placed | ||
| in a secure voting box under this chapter have been delivered to the | ||
| registrar not later than the deadline described by Section | ||
| 86.007(a)(2). | ||
| Sec. 108.006. PERSON CONFINED IN JAIL IN COUNTY OTHER THAN | ||
| COUNTY OF RESIDENCE. (a) A person who is confined in a jail that is | ||
| located in a county where the person does not reside may cast a | ||
| ballot by placing the ballot in a secure voting box under this | ||
| chapter. | ||
| (b) A ballot to which this section applies shall be | ||
| forwarded by the early voting clerk to the proper early voting clerk | ||
| as soon as practicable. | ||
| (c) A ballot forwarded under this section is considered | ||
| timely received by the proper early voting clerk if it is received | ||
| by the early voting clerk of the county where the jail is located | ||
| not later than the deadline described by Section 86.007(a)(2). | ||
| SECTION 2. Chapter 108, Election Code, as added by this Act, | ||
| applies only to an election ordered on or after the effective date | ||
| of this Act. An election ordered before the effective date of this | ||
| Act is governed by the law in effect when the election was ordered, | ||
| and the former law is continued in effect for that purpose. | ||
| SECTION 3. This Act takes effect September 1, 2019. | ||
