Bill Text: TX HB3159 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the use of an accessible absentee mail system by certain voters.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2023-06-17 - Vetoed by the Governor [HB3159 Detail]
Download: Texas-2023-HB3159-Enrolled.html
| H.B. No. 3159 | ||
|
|
||
| relating to the use of an accessible absentee mail system by certain | ||
| voters. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 81, Election Code, is amended by adding | ||
| Sections 81.006 and 81.007 to read as follows: | ||
| Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A | ||
| person eligible for early voting by mail under Section 82.002 may | ||
| receive and cast a ballot using an accessible absentee mail system | ||
| approved by the secretary of state under Section 81.007. | ||
| (b) An accessible absentee mail system must be an electronic | ||
| system, including software, used for the sole purpose of enabling a | ||
| voter who has a disability and needs assistive technology for | ||
| marking or reading the ballot, to mark the voter's ballot and print | ||
| and submit the ballot in the manner required by Chapter 86 for a | ||
| ballot marked by the voter. | ||
| (c) The secretary of state shall adopt rules and prescribe | ||
| procedures for the implementation of this section. | ||
| Sec. 81.007. ACCESSIBLE ABSENTEE BALLOT SYSTEM STANDARDS. | ||
| (a) An accessible absentee ballot system described by Section | ||
| 81.006 may not be used in an election unless the system is approved | ||
| by the secretary of state in accordance with this section. | ||
| (b) The secretary of state shall adopt standards for the | ||
| approval of an accessible absentee ballot system. At a minimum, the | ||
| standards adopted shall require an accessible absentee ballot | ||
| system to: | ||
| (1) preserve the secrecy of the ballot; | ||
| (2) authenticate the voter prior to delivery of a | ||
| ballot using: | ||
| (A) all information required under Sections | ||
| 84.002(a)(1) and (1-a); and | ||
| (B) any other information the secretary of state | ||
| determines to be necessary for the positive identification of the | ||
| person accessing the ballot as the voter; | ||
| (3) operate safely, efficiently, and accurately; | ||
| (4) be equipped with security measures necessary to | ||
| prevent fraudulent or unauthorized manipulation; | ||
| (5) secure the screen and audio output of the device on | ||
| which the ballot is displayed during voting so that, other than the | ||
| voter's own notes, political advertising or a campaign | ||
| communication, as those terms are defined by Section 251.001, is | ||
| not displayed or audibly available to the voter while the ballot is | ||
| being marked; | ||
| (6) securely print the voter's marked ballot with a | ||
| unique serial number and transmit the ballot to the early voting | ||
| clerk without information identifying the voter; | ||
| (7) use a method of verification that a ballot was | ||
| issued to an eligible voter; | ||
| (8) require the voter, prior to accessing the ballot, | ||
| to swear or affirm that the voter is the person to whom the ballot is | ||
| issued, and affirmatively indicate the statement, "I have a | ||
| sickness or physical condition that prevents me from appearing at | ||
| the polling place on election day without a likelihood of needing | ||
| personal assistance or injuring my health," as prescribed by | ||
| Section 82.002(a), is true and correct; | ||
| (9) require the voter, after printing the voted | ||
| ballot, to: | ||
| (A) place the voted ballot in the official ballot | ||
| envelope and seal the ballot envelope; | ||
| (B) place the ballot envelope in the official | ||
| carrier envelope and seal the carrier envelope; and | ||
| (C) sign the certificate on the sealed carrier | ||
| envelope; | ||
| (10) prevent any image or record of a voter's ballot | ||
| choices, other than the original ballot printed, from being saved, | ||
| printed, transmitted, or stored on the voter's device; | ||
| (11) be incapable of transmitting voted ballot images | ||
| or records via the Internet; and | ||
| (12) be capable of providing records, including | ||
| Internet protocol addresses of the devices displaying a voter's | ||
| ballot, from which the operation of the accessible absentee ballot | ||
| system may be audited. | ||
| (c) For the purposes of Subsection (b)(9)(A), a voter's | ||
| failure to use the official ballot envelope does not affect the | ||
| validity of the ballot and the voter must complete the official | ||
| carrier envelope as provided by Section 86.006. | ||
| (d) The secretary of state by rule may prescribe additional | ||
| standards for accessible absentee ballot systems consistent with | ||
| this title. The standards adopted under this subsection may apply | ||
| to: | ||
| (1) particular kinds of accessible absentee ballot | ||
| systems; | ||
| (2) particular elements comprising an accessible | ||
| absentee ballot system, including operation procedures; or | ||
| (3) accessible absentee ballot systems generally. | ||
| (e) The secretary of state by rule shall prescribe and | ||
| implement, to the extent applicable: | ||
| (1) a certification process for approval of an | ||
| accessible absentee ballot system using the process prescribed by | ||
| Subchapter B, Chapter 122; | ||
| (2) a process for approval of modification in design | ||
| of approved systems prescribed by Subchapter C, Chapter 122; and | ||
| (3) a process for reexamination of approved systems | ||
| prescribed by Subchapter D, Chapter 122. | ||
| SECTION 2. Section 86.002, Election Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) The early voting clerk shall provide to a voter using | ||
| an accessible absentee ballot system under Section 81.006: | ||
| (1) the balloting materials required under this | ||
| section; and | ||
| (2) instructions prescribed by the secretary of state | ||
| for accessing the accessible absentee ballot system. | ||
| SECTION 3. Section 86.003(a), Election Code, is amended to | ||
| read as follows: | ||
| (a) The balloting materials for voting by mail shall be | ||
| provided to the voter by mail. Except for a ballot voted under | ||
| Section 81.006, a [ |
||
| counted. | ||
| SECTION 4. Section 86.009, Election Code, is amended by | ||
| adding Subsection (g) to read as follows: | ||
| (g) The secretary of state by rule shall modify the | ||
| procedures required under this section if an accessible absentee | ||
| ballot system is used to deliver a ballot to a voter. | ||
| SECTION 5. This Act takes effect September 1, 2023. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I certify that H.B. No. 3159 was passed by the House on May | ||
| 12, 2023, by the following vote: Yeas 138, Nays 3, 2 present, not | ||
| voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| I certify that H.B. No. 3159 was passed by the Senate on May | ||
| 24, 2023, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| APPROVED: _____________________ | ||
| Date | ||
| _____________________ | ||
| Governor | ||
