88R393 SGM-D
	By: Meza	H.B. No. 502

	A BILL TO BE ENTITLED
	AN ACT
	relating to early voting by mail by any qualified voter and to the
	repeal of certain criminal offenses concerning the solicitation and
	distribution of an application to vote by mail.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 13.002(e), Election Code, is amended to
	read as follows:
	(e)  Notwithstanding Section 82.005, a [A] person who is
	certified for participation in the address confidentiality program
	administered by the attorney general under Subchapter B, Chapter
	58, Code of Criminal Procedure, is not eligible for early voting by
	mail [under Section 82.007] unless the person submits an
	application under this section by personal delivery. The secretary
	of state may adopt rules to implement this subsection.
	SECTION 2.  Section 82.005, Election Code, is amended to
	read as follows:
	Sec. 82.005.  ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
	APPEARANCE]. Any qualified voter is eligible for early voting by
	mail or personal appearance.
	SECTION 3.  Section 82.007, Election Code, is amended to
	read as follows:
	Sec. 82.007.  PARTICIPATION IN ADDRESS CONFIDENTIALITY
	PROGRAM. Notwithstanding Section 82.005, a [A] qualified voter
	who, [is eligible for early voting by mail if:
	[(1)  the voter submitted a registration application by
	personal delivery as required by Section 13.002(e); and
	[(2)]  at the time the voter's early voting ballot
	application is submitted, [the voter] is certified for
	participation in the address confidentiality program administered
	by the attorney general under Subchapter B, Chapter 58, Code of
	Criminal Procedure, is eligible for early voting by mail only if the
	voter submitted a registration application by personal delivery as
	required by Section 13.002(e).
	SECTION 4.  Section 84.001(a), Election Code, is amended to
	read as follows:
	(a)  To be entitled to vote an early voting ballot by mail, a
	person [who is eligible for early voting] must make an application
	for an early voting ballot to be voted by mail as provided by this
	title.
	SECTION 5.  Section 84.002(a), Election Code, is amended to
	read as follows:
	(a)  An early voting ballot application must include:
	(1)  the applicant's name and the address at which the
	applicant is registered to vote;
	(1-a)  the following information:
	(A)  the number of the applicant's driver's
	license, election identification certificate, or personal
	identification card issued by the Department of Public Safety;
	(B)  if the applicant has not been issued a number
	described by Paragraph (A), the last four digits of the applicant's
	social security number; or
	(C)  a statement by the applicant that the
	applicant has not been issued a number described by Paragraph (A) or
	(B);
	(2)  for an application for a ballot to be voted by mail
	by an applicant who will be absent from the applicant's [on the
	ground of absence from the] county of residence on election day, the
	address outside the applicant's county of residence to which the
	ballot is to be mailed;
	(3)  for an application for a ballot to be voted by mail
	by an applicant who is 65 years of age or older on election day or
	has a sickness or physical condition that requires the applicant to
	reside in a hospital or nursing home or other long-term care
	facility, or with a relative [on the ground of age or disability],
	the address of the hospital, nursing home or other long-term care
	facility, or retirement center, or of a person related to the
	applicant within the second degree by affinity or the third degree
	by consanguinity, as determined under Chapter 573, Government Code,
	if the applicant is living at that address and that address is
	different from the address at which the applicant is registered to
	vote;
	(4)  for an application for a ballot to be voted by mail
	by an applicant who is confined [on the ground of confinement] in
	jail as described by Section 84.009(a), the address of the jail or
	of a person related to the applicant within the degree described by
	Subdivision (3);
	(5)  [for an application for a ballot to be voted by
	mail on any ground,] an indication of each election for which the
	applicant is applying for a ballot; and
	(6)  [an indication of the ground of eligibility for
	early voting; and
	[(7)]  for an application for a ballot to be voted by
	mail by an applicant who is civilly committed as a sexually violent
	predator under Chapter 841, Health and Safety Code, and is ordered
	as a condition of civil commitment to reside in a facility operated
	by or under contract with the Texas Civil Commitment Office [on the
	ground of involuntary civil commitment], the address of the
	facility operated by or under contract with the Texas Civil
	Commitment Office or of a person related to the applicant within the
	degree of consanguinity described by Subdivision (3).
	SECTION 6.  Section 84.009, Election Code, is amended by
	amending Subsection (a) and adding Subsection (b) to read as
	follows:
	(a)  This section applies only to an applicant who, at the
	time the application for a ballot to be voted by mail is submitted,
	is confined in jail:
	(1)  serving a misdemeanor sentence for a term that
	ends on or after election day;
	(2)  pending trial after denial of bail;
	(3)  without bail pending an appeal of a felony
	conviction; or
	(4)  pending trial or appeal on a bailable offense for
	which release on bail before election day is unlikely.
	(b)  On request of the applicant, an application for a ballot
	to be voted by mail [on the ground of confinement in jail] may be
	submitted to the early voting clerk, at the discretion of the
	authority in charge of the jail, by personal delivery by the jail
	authority or by a designated subordinate of the authority.
	SECTION 7.  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;
	(3-a)  a space for entering the information required
	under Section 84.002(a)(1-a); 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 whether
	the applicant will be absent from the applicant's county of
	residence on election day and, if applicable, 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, 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 who is 65
	years of age or older on election day or has a sickness or physical
	condition that requires the applicant to reside in a hospital or
	nursing home or other long-term care facility, or with a relative,
	[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 who is
	confined [applying on the ground of confinement] in jail as
	described by Section 84.009(a) or who is civilly committed as a
	sexually violent predator under Chapter 841, Health and Safety
	Code, and ordered as a condition of civil commitment to reside in a
	facility operated by or under contract with the Texas Civil
	Commitment Office, [involuntary civil commitment] 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) or (6) [(7)], 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 8.  Sections 86.001(b) and (c), Election Code, are
	amended to read as follows:
	(b)  If the application complies with the applicable
	requirements prescribed by this title [applicant is entitled to
	vote an early voting ballot by mail], the clerk shall provide an
	official ballot to the applicant as provided by this chapter.
	(c)  Except as provided by Section 86.008, if the applicant
	is not entitled to vote in the election [by mail], the clerk shall
	reject the application, enter on the application "rejected" and the
	reason for and date of rejection, and deliver written notice of the
	reason for the rejection to the applicant at both the residence
	address and mailing address on the application. A ballot may not be
	provided to an applicant whose application is rejected.
	SECTION 9.  Section 86.0015(a), Election Code, is amended to
	read as follows:
	(a)  This section applies only to an application for a ballot
	to be voted by mail that[:
	[(1) indicates the ground of eligibility is age or
	disability; and
	[(2)] does not specify the election for which a ballot
	is requested or has been marked by the applicant as an application
	for more than one election.
	SECTION 10.  Section 86.003(c), Election Code, is amended to
	read as follows:
	(c)  The address to which the balloting materials must be
	addressed is the address at which the voter is registered to vote,
	or the registered mailing address if different, unless the
	application to vote early by mail indicates that the voter [ground
	for voting by mail is]:
	(1)  will be absent from the voter's [absence from the]
	county of residence on election day, in which case the address must
	be an address outside the voter's county of residence;
	(2)  is confined [confinement] in jail as described by
	Section 84.009(a), in which case the address must be the address of
	the jail or of a relative described by Section 84.002(a)(4);
	(3)  is 65 years of age or older on election day or has a
	sickness or physical condition that requires the applicant to
	reside in a hospital or nursing home or other long-term care
	facility, or with a relative, [age or disability] and [the voter] is
	living at a hospital, nursing home or other long-term care
	facility, or retirement center, or with a relative described by
	Section 84.002(a)(3), in which case the address must be the address
	of that facility or relative; or
	(4)  is civilly committed as a sexually violent
	predator under Chapter 841, Health and Safety Code, and ordered as a
	condition of civil commitment to reside in a facility operated by or
	under contract with the Texas Civil Commitment Office [involuntary
	civil commitment], in which case the address must be the address of
	the facility or of a relative described by Section 84.002(a)(6)
	[84.002(a)(7)].
	SECTION 11.  Section 86.004(b), Election Code, is amended to
	read as follows:
	(b)  For an election to which Section 101.104 applies, the
	balloting materials for a voter who indicates on the application
	for a ballot to be voted by mail or the federal postcard application
	that the voter seeks [is eligible] to vote early by mail as a
	consequence of the voter's being outside the United States shall be
	mailed on or before the later of the 45th day before election day or
	the seventh calendar day after the date the clerk receives the
	application.  However, if it is not possible to mail the ballots by
	the deadline of the 45th day before election day, the clerk shall
	notify the secretary of state within 24 hours of knowing that the
	deadline will not be met.  The secretary of state shall monitor the
	situation and advise the clerk, who shall mail the ballots as soon
	as possible in accordance with the secretary of state's guidelines.
	SECTION 12.  Section 87.041(b), Election Code, is amended to
	read as follows:
	(b)  A ballot may be accepted only if:
	(1)  the carrier envelope certificate is properly
	executed;
	(2)  neither the voter's signature on the ballot
	application nor the signature on the carrier envelope certificate
	is determined to have been executed by a person other than the
	voter, unless signed by a witness;
	(3)  [the voter's ballot application states a legal
	ground for early voting by mail;
	[(4)]  the voter is registered to vote, if registration
	is required by law;
	(4)  [(5)  the address to which the ballot was mailed
	to the voter, as indicated by the application, was outside the
	voter's county of residence, if the ground for early voting is
	absence from the county of residence;
	[(6)]  for a voter to whom a statement of residence form
	was required to be sent under Section 86.002(a), the statement of
	residence is returned in the carrier envelope and indicates that
	the voter satisfies the residence requirements prescribed by
	Section 63.0011;
	(5) [(7)]  the address to which the ballot was mailed
	to the voter is an address [that is otherwise] required by Sections
	84.002 and 86.003; and
	(6) [(8)]  the information required under Section
	86.002(g) provided by the voter identifies the same voter
	identified on the voter's application for voter registration under
	Section 13.002(c)(8).
	SECTION 13.  Section 102.001(a), Election Code, is amended
	to read as follows:
	(a)  A qualified voter is eligible to vote a late ballot as
	provided by this chapter if the voter has a sickness or physical
	condition [described by Section 82.002] that prevents the voter
	from appearing at the polling place on election day without a
	likelihood of needing personal assistance or of injuring the
	voter's health and originates on or after the day before the last
	day for submitting an application for a ballot to be voted by mail.
	SECTION 14.  The following provisions of the Election Code
	are repealed:
	(1)  Section 82.001;
	(2)  Section 82.002;
	(3)  Section 82.003;
	(4)  Section 82.004;
	(5)  Section 82.008;
	(6)  Sections 84.002(b) and (c);
	(7)  Section 84.0111;
	(8)  Section 112.002(b);
	(9)  Section 276.016; and
	(10)  Section 276.017.
	SECTION 15.  The changes in law made by this Act apply only
	to an election ordered on or after September 1, 2023.
	SECTION 16.  This Act takes effect September 1, 2023.