Bill Text: TX HB3080 | 2021-2022 | 87th Legislature | Comm Sub


Bill Title: Relating to unsolicited provision of an application form for a ballot to be voted by mail and to procedures for verification of a ballot voted by mail; creating a criminal offense.

Spectrum: Partisan Bill (Republican 7-0)

Status: (Introduced) 2021-04-27 - Committee report sent to Calendars [HB3080 Detail]

Download: Texas-2021-HB3080-Comm_Sub.html
  87R7677 ADM-F
 
  By: Oliverson, Bell of Montgomery, Metcalf, H.B. No. 3080
      Swanson, Huberty, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to unsolicited provision of an application form for a
  ballot to be voted by mail and to procedures for verification of a
  ballot voted by mail; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 84, Election Code, is
  amended by adding Section 84.0111 to read as follows:
         Sec. 84.0111.  UNSOLICITED PROVISION OF OFFICIAL
  APPLICATION FORM. (a)  A person commits an offense if the person
  mails or otherwise provides an application form for an early voting
  ballot to a person who did not solicit the form.
         (b)  An offense under this section is a Class A misdemeanor.
         SECTION 2.  Section 86.002, Election Code, is amended by
  adding Subsection (g) to read as follows:
         (g)  The clerk shall include with the balloting materials a
  card containing a space for the voter to:
               (1)  place the voter's right thumbprint; and
               (2)  sign the card.
         SECTION 3.  Section 86.005(c), Election Code, is amended to
  read as follows:
         (c)  After marking the ballot, the voter must place it in the
  official ballot envelope and then seal the ballot envelope, place
  the ballot envelope and the completed card described by Section
  86.002(g) in the official carrier envelope and then seal the
  carrier envelope, and sign the certificate on the carrier envelope.
         SECTION 4.  Subchapter B, Chapter 87, Election Code, is
  amended by adding Section 87.028 to read as follows:
         Sec. 87.028.  THUMBPRINT VERIFICATION. The secretary of
  state shall adopt rules to facilitate the procurement of the right
  thumbprint of as many registered voters as possible by entering
  into agreements with the Department of Public Safety and any other
  state agency the secretary of state deems appropriate. A state
  agency shall cooperate with the secretary of state in fulfilling
  its duties under this section.
         SECTION 5.  Sections 87.041(b) and (e), Election Code, are
  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 and [nor] the signature on the carrier envelope
  certificate are [is] determined to be those of [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)  the address to which the ballot was mailed to the
  voter, as indicated by the application, was outside the voter's
  county of residence, if the ground for early voting is absence from
  the 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; [and]
               (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 voter returned the completed card described by
  Section 86.002(g) in the carrier envelope.
         (e)  In making the determination under Subsection (b)(2),
  the board may also:
               (1)  compare the signatures with any two or more
  signatures of the voter made within the preceding six years and on
  file with the county clerk or voter registrar to determine whether
  the signatures are those of the voter; and
               (2)  open the carrier envelope and use the card
  described by Section 86.002(g) to assist in the determination.
         SECTION 6.  This Act takes effect September 1, 2021.
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