Bill Text: TX HB3159 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
  88R23512 PRL-D
 
  By: Leach H.B. No. 3159
 
  Substitute the following for H.B. No. 3159:
 
  By:  DeAyala C.S.H.B. No. 3159
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [A] ballot provided by any other method may not be
  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.
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