Bill Text: TX HB73 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to the prevention of fraud committed by a person voting early by mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-07-28 - No action taken in committee [HB73 Detail]
Download: Texas-2017-HB73-Introduced.html
| 85S10026 ADM-F | ||
| By: Bohac | H.B. No. 73 | |
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| relating to the prevention of fraud committed by a person voting | ||
| early by mail. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 84.011, Election Code, is amended by | ||
| adding Subsection (c) to read as follows: | ||
| (c) In addition to the requirements imposed by Subsection | ||
| (a), the officially prescribed application form for an early voting | ||
| ballot must include a space for the voter to provide a change of | ||
| residence address within the county, if applicable. | ||
| SECTION 2. Section 84.032(c), Election Code, is amended to | ||
| read as follows: | ||
| (c) An applicant may submit a request after the close of | ||
| early voting by personal appearance by appearing in person and: | ||
| (1) returning the ballot to be voted by mail to the | ||
| early voting clerk; or | ||
| (2) executing an affidavit that the applicant: | ||
| (A) has not received the ballot to be voted by | ||
| mail; or | ||
| (B) received notice of a defect under Section | ||
| 87.0271(b) or 87.0411(b). | ||
| SECTION 3. Section 86.001, Election Code, is amended by | ||
| adding Subsection (f) to read as follows: | ||
| (f) If the application includes a change of address within | ||
| the county, the early voting clerk shall notify the voter registrar | ||
| of the change and the registrar shall update the voter's | ||
| registration accordingly. | ||
| SECTION 4. Section 86.002, Election Code, is amended by | ||
| adding Subsection (a-1) to read as follows: | ||
| (a-1) Notwithstanding Subsection (a), the clerk is not | ||
| required to provide a form for a statement of residence to a voter | ||
| who indicated a change of address within the county on the voter's | ||
| application for an early voting ballot to be voted by mail. | ||
| SECTION 5. Section 86.004(a), Election Code, as effective | ||
| September 1, 2017, is amended to read as follows: | ||
| (a) Except as provided by Subsection (b) or (c), the | ||
| balloting materials for voting by mail shall be mailed to a voter | ||
| entitled to vote by mail not later than the seventh calendar day | ||
| after the later of the date the clerk accepts the voter's | ||
| application for a ballot to be voted by mail or the date the ballots | ||
| become available for mailing, except that if that mailing date is | ||
| earlier than the 45th day before election day, the balloting | ||
| materials shall be mailed not later than the 30th [ |
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| election day. | ||
| SECTION 6. Section 87.027(i), Election Code, is amended to | ||
| read as follows: | ||
| (i) The signature verification committee shall compare the | ||
| signature on each carrier envelope certificate, except those signed | ||
| for a voter by a witness, with the signature on the voter's ballot | ||
| application to determine whether the signatures are those of the | ||
| same person. The committee may also compare the signatures with | ||
| any two or more signatures of the voter made within the preceding | ||
| six years and on file with the general custodian of election records | ||
| or voter registrar [ |
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| person and may [ |
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| those of the same person. Except as provided by Subsection (l), a | ||
| determination under this subsection that the signatures are not | ||
| those of the same person must be made by a majority vote of the | ||
| committee's membership. The committee shall place the jacket | ||
| envelopes, carrier envelopes, and applications of voters whose | ||
| signatures are not those of the same person in separate containers | ||
| from those of voters whose signatures are those of the same | ||
| person. The committee chair shall deliver the sorted materials to | ||
| the early voting ballot board at the time specified by the board's | ||
| presiding judge. | ||
| SECTION 7. 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; | ||
| (3) missing any required statement of residence; or | ||
| (4) containing incomplete information with respect to | ||
| a witness. | ||
| (b) Before deciding whether to accept or reject a timely | ||
| delivered ballot under Section 87.027, the signature verification | ||
| committee may: | ||
| (1) return the carrier envelope to the voter by mail, | ||
| if the signature verification committee determines that it would be | ||
| possible to correct the defect and return the carrier envelope | ||
| before the time the polls are required to close on election day; or | ||
| (2) notify the voter of the defect by telephone or | ||
| e-mail and inform the voter that the voter may come to the early | ||
| voting clerk's office in person to: | ||
| (A) correct the defect; or | ||
| (B) request to have the voter's application to | ||
| vote by mail canceled under Section 84.032. | ||
| (c) If the signature verification committee takes an action | ||
| described by Subsection (b), the committee must take either action | ||
| described by that subsection with respect to each ballot in the | ||
| election to which this section applies. | ||
| (d) A poll watcher is entitled to observe an action taken | ||
| under Subsection (b). | ||
| (e) The secretary of state may prescribe any procedures | ||
| necessary to implement this section. | ||
| SECTION 8. Section 87.041(e), Election Code, is amended to | ||
| read as follows: | ||
| (e) In making the determination under Subsection (b)(2), | ||
| the board may also compare the signatures with any two or more | ||
| signatures of the voter made within the preceding six years and on | ||
| file with the general custodian of election records or voter | ||
| registrar to determine if [ |
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| of the same person [ |
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| SECTION 9. 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; | ||
| (3) missing any required statement of residence; or | ||
| (4) containing incomplete information with respect to | ||
| a witness. | ||
| (b) Before deciding whether to accept or reject a timely | ||
| delivered ballot under Section 87.041, the early voting ballot | ||
| board may: | ||
| (1) return the carrier envelope to the voter by mail, | ||
| if the early voting ballot board determines that it would be | ||
| possible to correct the defect and return the carrier envelope | ||
| before the time the polls are required to close on election day; or | ||
| (2) notify the voter of the defect by telephone or | ||
| e-mail and inform the voter that the voter may come to the early | ||
| voting clerk's office in person to: | ||
| (A) correct the defect; or | ||
| (B) request to have the voter's application to | ||
| vote by mail canceled under Section 84.032. | ||
| (c) If the early voting ballot board takes an action | ||
| described by Subsection (b), the board must take either action | ||
| described by that subsection with respect to each ballot in the | ||
| election to which this section applies. | ||
| (d) A poll watcher is entitled to observe an action taken | ||
| under Subsection (b). | ||
| (e) The secretary of state may prescribe any procedures | ||
| necessary to implement this section. | ||
| SECTION 10. This Act takes effect December 1, 2017. | ||
