Bill Text: TX HB913 | 2015-2016 | 84th Legislature | Engrossed

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Bill Title: Relating to the requirements pertaining to a ballot to be voted by mail and materials accompanying the official carrier envelope.

Sponsorship: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed - Dead) 2015-05-19 - Referred to State Affairs [HB913 Detail]

Download: Texas-2015-HB913-Engrossed.html

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By: Israel, Thompson of Harris, Minjarez, H.B. No. 913
Laubenberg, Gutierrez

A BILL TO BE ENTITLED
AN ACT
relating to the requirements pertaining to a ballot to be voted by
mail and materials accompanying the official carrier envelope.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 86.013(c), (d), and (g), Election Code,
are amended to read as follows:
(c) A certificate in substantially the following form must
be printed on the reverse side of the official carrier envelope in a
manner that requires the voter to sign across the flap of the
envelope:
"I certify that the enclosed ballot expresses my wishes
independent of any dictation or undue persuasion by any person.
________________________________
Signature of voter
By: ____________________________
Signature of person assisting
voter, if applicable (see Ballot
Envelope and separate sheet
accompanying Carrier Envelope for
restrictions and penalties)
________________________________
Printed name of person assisting
voter, if applicable
________________________________
Residence address of person
assisting voter, if applicable"
The space provided for the voter's signature must be located in a
box that is at least one inch by three inches, and "Signature of
Voter" and "Sign Over the Sealed Flap" must be printed in bold type.
(d) The following textual material, as prescribed by the
secretary of state, must be printed [on the reverse side of the
official carrier envelope or] on a separate sheet accompanying the
carrier envelope [when it is provided]:
(1) the prohibition prescribed by Section 86.006(b);
(2) the conditions for delivery by common or contract
carrier prescribed by Sections 81.005 and 86.006;
(3) the requirements for the legal execution and
delivery of the carrier envelope, including the prohibition on
compensation for depositing carrier envelopes containing ballots
voted by other persons under Section 86.0052;
(4) the prohibition prescribed by Section 86.006(e);
and
(5) the offenses prescribed by Sections 86.006(f) and
86.010(f).
(g) The secretary of state by rule shall require that a
notice informing voters of the telephone number established under
Section 31.0055 and the purpose of the telephone number be printed
on[:
[(1) the official carrier envelope; or
[(2)] an insert enclosed with the balloting materials
for voting by mail sent to the voter.
SECTION 2. Section 87.041, Election Code, is amended by
adding Subsection (g) to read as follows:
(g) The board may not reject a ballot solely on the grounds
that a signature on the carrier envelope certificate is not located
entirely in the space provided for the signature.
SECTION 3. (a) Subject to Subsection (b) of this section,
the changes in law made by this Act apply only to an election
ordered on or after the effective date of this Act. An election
ordered before the effective date of this Act is governed by the law
in effect when the election was ordered, and the former law is
continued in effect for that purpose.
(b) An authority may continue to use balloting materials
procured before the effective date of this Act that complied with
applicable law on the date the materials were procured.
SECTION 4. This Act takes effect September 1, 2015.