Bill Text: TX HB3525 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the verification of an application or ballot voted by mail.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Elections [HB3525 Detail]
Download: Texas-2021-HB3525-Introduced.html
87R4962 SGM-D | ||
By: Bucy | H.B. No. 3525 |
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relating to the verification of an application or ballot voted by | ||
mail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 box for the applicant to indicate | ||
whether the applicant consents to receive text messages relating to | ||
the application, and 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 2. 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 within 24 hours of receiving a defective | ||
application contact the applicant using any e-mail address or | ||
telephone number provided on the application to notify the | ||
applicant of the defect. The applicant may make clerical | ||
corrections to the application by e-mail, telephone, or text | ||
message, including correcting the applicant's date of birth, | ||
correcting the 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 contacted the applicant, 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, telephone, or text message 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, telephone, or text | ||
message. | ||
SECTION 3. Chapter 86, Election Code, is amended by adding | ||
Section 86.015 to read as follows: | ||
Sec. 86.015. ELECTRONIC TRACKING FOR BALLOT VOTED BY MAIL. | ||
(a) The secretary of state shall develop and maintain an electronic | ||
system that allows a voter, through a link on the Internet website | ||
of the early voting clerk, to access the database created under | ||
Section 87.064 to monitor the status of the voter's ballot voted by | ||
mail. | ||
(b) The system developed under Subsection (a) must require | ||
the voter to provide, before permitting the voter to access | ||
information described by that subsection: | ||
(1) the voter's name and registration address; and | ||
(2) the voter's: | ||
(A) driver's license number; | ||
(B) personal identification card number issued | ||
by the Department of Public Safety; or | ||
(C) date of birth. | ||
(c) The system developed under Subsection (a) must update | ||
information accessible from the database created under Section | ||
87.064 as soon as practicable but not later than 11 a.m. the day | ||
after each of the following events occurs: | ||
(1) receipt by the early voting clerk of the person's | ||
marked ballot; and | ||
(2) acceptance or rejection by the early voting ballot | ||
board of a person's marked ballot, including any reason for | ||
rejection. | ||
(d) The information contained in Subsection (c) is public | ||
information for the purposes of Chapter 552, Government Code. | ||
SECTION 4. Subchapter B, Chapter 87, Election Code, is | ||
amended by adding Section 87.0271 to read as follows: | ||
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE | ||
VERIFICATION COMMITTEE. (a) This section applies to an early | ||
voting ballot voted by mail: | ||
(1) for which the voter did not sign the carrier | ||
envelope certificate; | ||
(2) for which it cannot immediately be determined | ||
whether the signature on the carrier envelope certificate is that | ||
of the voter; or | ||
(3) containing incomplete information with respect to | ||
a witness. | ||
(b) Before deciding whether to accept or reject a ballot | ||
under Section 87.027, the signature verification committee shall | ||
immediately contact the voter or witness, as appropriate, to advise | ||
the voter or witness of the defect and include detailed | ||
instructions regarding how to correct the defect in person at the | ||
early voting clerk's office. | ||
(c) Subsection (b) does not apply if the signature | ||
verification committee determines that it would be impossible to | ||
correct the defect before the fourth day after election day. | ||
(d) The secretary of state may adopt rules to implement this | ||
section. | ||
SECTION 5. Subchapter C, Chapter 87, Election Code, is | ||
amended by adding Section 87.0411 to read as follows: | ||
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING | ||
BALLOT BOARD. (a) This section applies to an early voting ballot | ||
voted by mail: | ||
(1) for which the voter did not sign the carrier | ||
envelope certificate; | ||
(2) for which it cannot immediately be determined | ||
whether the signature on the carrier envelope certificate is that | ||
of the voter; or | ||
(3) containing incomplete information with respect to | ||
a witness. | ||
(b) Before deciding whether to accept or reject a ballot | ||
under Section 87.041, the early voting ballot board shall | ||
immediately contact the voter or witness, as appropriate, to advise | ||
the voter or witness of the defect and include detailed | ||
instructions regarding how to correct the defect in person at the | ||
early voting clerk's office. | ||
(c) Subsection (b) does not apply if the early voting ballot | ||
board determines that it would be impossible to correct the defect | ||
before the fourth day after election day. | ||
(d) The secretary of state may adopt rules to implement this | ||
section. | ||
SECTION 6. Subchapter D, Chapter 87, Election Code, is | ||
amended by adding Section 87.064 to read as follows: | ||
Sec. 87.064. DAILY STATUS REPORT ON EARLY VOTING BALLOTS BY | ||
MAIL. (a) Each day that early voting by personal appearance is | ||
conducted, the early voting ballot board shall compile a list of | ||
voters who voted early by mail and deliver it to the secretary of | ||
state. The information contained on the list is public information | ||
for the purposes of Chapter 552, Government Code. The list shall | ||
contain for each person to whom a ballot to be voted by mail was | ||
provided: | ||
(1) the voter's name and registration number; | ||
(2) whether the voter's early voting ballot by mail was | ||
received; | ||
(3) to the extent applicable to the election, whether | ||
the signature verification committee has determined the signatures | ||
are not those of the voter; | ||
(4) whether the early voting ballot by mail has been | ||
accepted or rejected by the early voting board; and | ||
(5) if rejected, the reason for the rejection. | ||
(b) The secretary of state shall, on a daily basis, compile | ||
the data received under Subsection (a) into a downloadable database | ||
format and post the data on the secretary's public Internet | ||
website. | ||
SECTION 7. The changes in law made by Section 3 of this Act | ||
apply beginning with an application for a ballot to be voted by mail | ||
for an election held on or after January 1, 2022. | ||
SECTION 8. This Act takes effect September 1, 2021. |