Bill Text: TX HB4393 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the practices and procedures related to early voting by mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-21 - Referred to Elections [HB4393 Detail]
Download: Texas-2023-HB4393-Introduced.html
88R13608 PRL-F | ||
By: Hayes | H.B. No. 4393 |
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relating to the practices and procedures related to early voting by | ||
mail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 86, Election Code, is amended by adding | ||
Section 86.016 to read as follows: | ||
Sec. 86.016. USE OF ELECTRONIC DEVICE TO RECORD MAIL BALLOT | ||
ACTION. (a) The secretary of state shall provide each early voting | ||
clerk with an electronic device used to time-stamp: | ||
(1) the application for a ballot to be voted by mail | ||
when it is received by the early voting clerk; | ||
(2) the application for a ballot to be voted by mail | ||
when it is accepted by the early voting clerk; | ||
(3) the official ballot envelope when the early voting | ||
clerk places the balloting materials in the mail; | ||
(4) the carrier envelope when the early voting clerk | ||
receives the carrier envelope; and | ||
(5) the official ballot envelope when the early voting | ||
clerk removes the accepted ballot from the official ballot | ||
envelope. | ||
(b) If a person voting a ballot by mail fails to return the | ||
official ballot envelope with an accepted ballot, the early voting | ||
clerk shall satisfy the requirements of Subsection (a)(5) by using | ||
the electronic device to time-stamp a blank sheet of paper marked | ||
"Accepted" in bold print. | ||
(c) After the early voting clerk ensures that the | ||
requirements of Subsections (a)(1)-(5) are satisfied, the clerk | ||
shall place the stamped official ballot envelope or stamped sheet, | ||
as applicable, in the carrier envelope. | ||
(d) Each stamped official ballot envelope or stamped sheet, | ||
as applicable, and carrier envelope shall be stored with the other | ||
precinct election records and preserved after the election in the | ||
same manner as the corresponding precinct election returns. | ||
(e) The early voting clerk shall ensure that any blank | ||
application or official ballot envelope that is time-stamped but | ||
not used on that day is permanently destroyed. | ||
(f) The electronic device used to time-stamp election | ||
materials under this section must: | ||
(1) be capable of producing an accurate time stamp | ||
that corresponds to the date and time of the action being recorded; | ||
and | ||
(2) have security measures to prevent tampering or | ||
changes by any person except the vendor of the electronic device. | ||
(g) Use of the time stamp is not required for recording the | ||
correction of defects under this subtitle. | ||
(h) The information contained in Subsection (a) is not | ||
public information for purposes of Chapter 552, Government Code, | ||
until after election day. | ||
(i) The secretary of state shall provide one electronic | ||
device required under this section to each county. Any additional | ||
electronic devices required under this section must be purchased | ||
from an approved vendor list provided by the secretary of state and | ||
paid with funds from the county elections office budget. | ||
(j) The secretary of state shall adopt rules and prescribe | ||
procedures necessary to implement this section. | ||
SECTION 2. This Act takes effect September 1, 2023. |