Bill Text: TX HB37 | 2021 | 87th Legislature 2nd Special Session | Introduced

Texas House Bill 37 (Prior Session Legislation)

Introduced

Bill Title: Relating to identification of early voting ballots voted by mail by electronic code.

Sponsorship: Partisan Bill (Republican 3)

Status: (Introduced - Dead) 2021-08-23 - Referred to Constitutional Rights & Remedies [HB37 Detail]

Download: Texas-2021-HB37-Introduced.html



	By: Toth	H.B. No. 37



	A BILL TO BE ENTITLED
	AN ACT
	relating to identification of early voting ballots voted by mail by
	electronic code.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subchapter C, Chapter 52, Election Code, is
	amended by adding Section 52.076 to read as follows:
	Sec. 52.076. IDENTIFYING CODE FOR MAIL-IN BALLOTS. (a)
	Each early voting ballot voted by mail must include a unique code
	readable by an electronic device that may be used to verify the
	authenticity of the ballot.
	(b) No record associating an individual voter with a code
	assigned to a ballot under this section may be created.
	(c) The secretary of state by rule shall provide for the
	design and distribution of a unique code system in a manner that,
	to the greatest extent possible, prevents the unauthorized
	reproduction or misuse of mail ballots.
	SECTION 2. Section 86.001, Election Code, is amended by
	adding Subsection (h) to read as follows:
	(h) Before the clerk provides a ballot to an applicant, the
	clerk shall identify the unique code included on each ballot with
	an electronic device and make a record indicating that a ballot
	with the unique code was issued.
	SECTION 3. Section 87.062, Election Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) The early voting ballot board shall identify the
	unique code included on each ballot with an electronic device and
	compare the code on the ballot to the codes recorded by the early
	voting clerk under Section 86.001(h). If the code does not match a
	recorded code, the early voting ballot board may not count the
	ballot. Ballots not counted under this section shall be placed in an
	envelope and treated in the same manner as rejected ballots under
	Section 87.043.
	SECTION 4. Section 87.103, Election Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1) The unique code included on each ballot must be
	identified by an electronic device and if the code on the ballot
	does not match a code recorded by the early voting clerk under
	Section 86.001(h), the ballot may not be counted. Ballots not
	counted under this section shall be placed in an envelope and
	treated in the same manner as rejected ballots under Section
	87.043.
	SECTION 5. This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.