Bill Text: TX SB1018 | 2021-2022 | 87th Legislature | Engrossed


Bill Title: Relating to an early voting ballot voted by mail.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Engrossed) 2021-05-04 - Reported favorably as substituted [SB1018 Detail]

Download: Texas-2021-SB1018-Engrossed.html
 
 
  By: Zaffirini, Hinojosa, Hughes S.B. No. 1018
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to an early voting ballot voted by mail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  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)  never requested a ballot to be voted by mail;
  or
                     (C)  received notice of a defect under Section
  87.0271(b) or 87.0411(b).
         SECTION 2.  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 3.  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 4.  This Act takes effect September 1, 2021.
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