Bill Text: TX HB341 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to voting by mail and assistance provided to a voter.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-31 - Left pending in committee [HB341 Detail]
Download: Texas-2017-HB341-Introduced.html
85S10811 ATP-D | ||
By: Israel | H.B. No. 341 |
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relating to voting by mail and assistance provided to a voter. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 64.0321, Election Code, is amended to | ||
read as follows: | ||
Sec. 64.0321. DEFINITION. For purposes of this subchapter | ||
and Sections 85.035 and 86.010, assisting a voter includes the | ||
following conduct by a person other than the voter that occurs while | ||
the person is in the presence of the voter's ballot or carrier | ||
envelope: | ||
(1) mechanical reading and marking of a [ |
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(2) all other activities required of a voter at a | ||
polling place to meaningfully and effectively exercise the voter's | ||
right to vote [ |
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SECTION 2. Section 84.011(a), Election Code, is amended to | ||
read as follows: | ||
(a) The officially prescribed application form for an early | ||
voting ballot must include: | ||
(1) immediately preceding the signature space the | ||
statement: "I certify that the information given in this | ||
application is true, and I understand that giving false information | ||
in this application is a crime."; | ||
(2) a statement informing the applicant of the | ||
offenses prescribed by Sections 84.003 and 84.004; | ||
(3) spaces for entering an applicant's voter | ||
registration number and county election precinct of registration, | ||
with a statement informing the applicant that failure to furnish | ||
that information does not invalidate the application; and | ||
(4) on an application for a ballot to be voted by mail: | ||
(A) a space for an applicant applying on the | ||
ground of absence from the county of residence to indicate the date | ||
on or after which the applicant can receive mail at the address | ||
outside the county; | ||
(B) a space for indicating the fact that an | ||
applicant whose application is signed by a witness cannot make the | ||
applicant's mark and a space for indicating the relationship or | ||
lack of relationship of the witness to the applicant; | ||
(C) a space for entering an applicant's telephone | ||
number and e-mail address, with a statement informing the applicant | ||
that failure to furnish that information does not invalidate the | ||
application; | ||
(D) a space or box for an applicant applying on | ||
the ground of age or disability to indicate that the address to | ||
which the ballot is to be mailed is the address of a facility or | ||
relative described by Section 84.002(a)(3), if applicable; | ||
(E) a space or box for an applicant applying on | ||
the ground of confinement in jail to indicate that the address to | ||
which the ballot is to be mailed is the address of a relative | ||
described by Section 84.002(a)(4), if applicable; | ||
(F) a space for an applicant applying on the | ||
ground of age or disability to indicate if the application is an | ||
application under Section 86.0015; | ||
(G) spaces for entering the signature, printed | ||
name, and residence address of any person assisting the applicant; | ||
(H) a statement informing the applicant of the | ||
condition prescribed by Section 81.005; and | ||
(I) a statement informing the applicant of the | ||
requirement prescribed by Section 86.003(c). | ||
SECTION 3. Section 86.001, Election Code, is amended by | ||
adding Subsections (f) and (f-1) to read as follows: | ||
(f) The early voting clerk, before rejecting an | ||
application, shall make a reasonable effort to contact the | ||
applicant by e-mail at any e-mail address provided on the | ||
application, to ask questions about the application. The applicant | ||
may make clerical corrections to the application by e-mail, | ||
including correcting the applicant's date of birth, correcting | ||
spelling of the applicant's name, or providing additional | ||
information to make corrections to an address or county of | ||
residence. If an applicant has submitted an address that is not an | ||
acceptable mailing address, the applicant may submit to the early | ||
voting clerk a mailing address by e-mail. If the early voting clerk | ||
does not receive a response before the fourth day after the date the | ||
clerk sent an e-mail to the e-mail address provided on the | ||
application, the clerk may reject the application. The early | ||
voting clerk shall attach to and maintain with the original | ||
application submissions and corrections provided by e-mail under | ||
this subsection. | ||
(f-1) An applicant may not change the address or county of | ||
residence submitted on the original application to a different | ||
address or county of residence by e-mail. | ||
SECTION 4. Sections 86.0015(b) and (b-2), Election Code, | ||
are amended to read as follows: | ||
(b) An application described by Subsection (a) is | ||
considered to be an application for a ballot for each election, | ||
including any ensuing runoff: | ||
(1) in which the applicant is eligible to vote; and | ||
(2) that occurs before the earlier of: | ||
(A) except as provided by Subsection (b-2), | ||
January 1 of the first odd-numbered year after [ |
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year in which the application was submitted; | ||
(B) the date the county clerk receives notice | ||
from the voter registrar under Subsection (f) that the voter has | ||
changed residence to another county; or | ||
(C) the date the voter's registration is | ||
canceled. | ||
(b-2) An application is considered to be submitted in the | ||
following calendar year for purposes of this section if: | ||
(1) the applicant is eligible to vote in an election | ||
occurring in January or February of the next calendar year; and | ||
(2) the application is submitted in the last 60 days of | ||
an even-numbered [ |
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before the date of the January or February election. | ||
SECTION 5. Section 86.013, Election Code, is amended by | ||
amending Subsections (c), (d), and (g) and adding Subsection (h) to | ||
read as follows: | ||
(c) A certificate in substantially the following form must | ||
be printed on the reverse side of the official carrier envelope in a | ||
manner that requires the voter to sign across the flap of the | ||
envelope: | ||
"I certify that the enclosed ballot expresses my wishes | ||
independent of any dictation or undue persuasion by any person. | ||
________________________________ | ||
Signature of voter | ||
By: ____________________________ | ||
Signature of person assisting | ||
voter, if applicable (see Ballot | ||
Envelope and separate sheet | ||
accompanying Carrier Envelope for | ||
restrictions and penalties) | ||
________________________________ | ||
Printed name of person assisting | ||
voter, if applicable | ||
________________________________ | ||
Residence address of person | ||
assisting voter, if applicable" | ||
The space provided for the voter's signature must be located in a | ||
box that is at least one inch by three inches, and "Signature of | ||
Voter" and "Sign Over the Sealed Flap" must be printed in bold type. | ||
(d) The following textual material, as prescribed by the | ||
secretary of state, must be printed [ |
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carrier envelope [ |
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(1) the prohibition prescribed by Section 86.006(b); | ||
(2) the conditions for delivery by common or contract | ||
carrier prescribed by Sections 81.005 and 86.006; | ||
(3) the requirements for the legal execution and | ||
delivery of the carrier envelope, including the prohibition on | ||
compensation for depositing carrier envelopes containing ballots | ||
voted by other persons under Section 86.0052; | ||
(4) the prohibition prescribed by Section 86.006(e); | ||
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(5) the offenses prescribed by Sections 86.006(f) and | ||
86.010(f); | ||
(6) the renewal application prescribed by Section | ||
86.0131; and | ||
(7) any additional information required to instruct | ||
the voter. | ||
(g) The secretary of state by rule shall require that a | ||
notice informing voters of the telephone number established under | ||
Section 31.0055 and the purpose of the telephone number be printed | ||
on[ |
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for voting by mail sent to the voter. | ||
(h) The secretary of state shall adopt guidelines for the | ||
textual material required under Subsection (d) and the format of | ||
the carrier envelope in consultation with plain language experts | ||
and after determining the best practices for drafting the textual | ||
material and designing the carrier envelope. The secretary of | ||
state may inform the counties of any best practices determined | ||
under this subsection to be used in developing election materials. | ||
SECTION 6. Chapter 86, Election Code, is amended by adding | ||
Section 86.0131 to read as follows: | ||
Sec. 86.0131. RENEWAL APPLICATION FOR BALLOTS BY MAIL ON | ||
CARRIER ENVELOPE. (a) The carrier envelope shall also contain the | ||
following renewal application preceded by a box for the voter to | ||
indicate by a check mark their desire to receive all ballots until | ||
December 31 of the next even-numbered year: | ||
"I request all future ballots for the remainder of this | ||
voting cycle until December 31 of the next even-numbered year. | ||
"If applicable, I wish to vote in the: (check one) | ||
___ Democratic Primary | ||
___ Republican Primary | ||
___ I do not wish to vote in a party primary." | ||
(b) The renewal application must state the period for which | ||
the renewal application is effective, and must provide spaces to | ||
mark the voter's signature, the date, and the voter's telephone | ||
number and e-mail address. | ||
(c) If the voter, or a witness as provided by Section | ||
84.003, does not sign the renewal application, the renewal | ||
application is invalid. | ||
(d) If for any reason the ballot is rejected for the | ||
specific election, the application for future ballots shall be | ||
valid if it is signed and the appropriate box is checked. | ||
(e) If the voter does not mark a specific primary or the box | ||
stating the voter does not wish to vote in a primary, the clerk | ||
shall treat the application as if the voter indicated "I do not wish | ||
to vote in a party primary." | ||
(f) A renewal application under this section shall be | ||
processed in the same manner as an original application for a ballot | ||
by mail under this code. | ||
(g) Notwithstanding any other provision of this code, a | ||
renewal application submitted under this section serves as an | ||
application for a ballot to be voted by mail for every election | ||
until December 31 of the next even-numbered year following the date | ||
of the election for which the ballot containing the renewal | ||
application was returned. | ||
(h) The secretary of state shall prescribe rules and | ||
procedures as necessary to implement this section. | ||
SECTION 7. Section 87.041, Election Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) The board may not reject a ballot solely on the grounds | ||
that a signature on the carrier envelope certificate is not located | ||
entirely in the space provided for the signature. | ||
SECTION 8. Section 87.044, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The early voting ballot board shall deliver to the early | ||
voting clerk any early voting applications included as provided by | ||
Section 86.0131 on a carrier envelope with a ballot voted in an | ||
election held on the November uniform election date regardless of | ||
whether the ballot is accepted. | ||
SECTION 9. The change in law made by this Act in amending | ||
Section 86.0015, Election Code, applies only to an application for | ||
a ballot to be voted by mail received on or after January 1, 2017. | ||
SECTION 10. This Act takes effect December 1, 2017. |