Bill Text: TX SB1018 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to an early voting ballot voted by mail.
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed - Dead) 2021-05-25 - Placed on General State Calendar [SB1018 Detail]
Download: Texas-2021-SB1018-Comm_Sub.html
87R23259 SGM-F | ||
By: Zaffirini, et al. | S.B. No. 1018 | |
(Hinojosa) | ||
Substitute the following for S.B. No. 1018: No. |
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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; [ |
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(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) Not later than the second business day after discovering | ||
a defect described by Subsection (a) and before deciding whether to | ||
accept or reject a timely delivered ballot under Section 87.027, | ||
the signature verification committee shall: | ||
(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 request to have the | ||
voter's application to vote by mail canceled in the manner | ||
described by Section 84.032 or come to the early voting clerk's | ||
office in person not later than the sixth day after election day to | ||
correct the defect. | ||
(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. | ||
(f) Notwithstanding any other law, a ballot may not be | ||
finally rejected for a reason listed in Section 87.041(b)(1), (2), | ||
or (6) before the seventh day after election day. | ||
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) Not later than the second business day after discovering | ||
a defect described by Subsection (a) and before deciding whether to | ||
accept or reject a timely delivered ballot under Section 87.041, | ||
the early voting ballot board shall: | ||
(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 request to have the | ||
voter's application to vote by mail canceled in the manner | ||
described by Section 84.032 or come to the early voting clerk's | ||
office in person not later than the sixth day after election day to | ||
correct the defect. | ||
(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. | ||
(f) Notwithstanding any other law, a ballot may not be | ||
finally rejected for a reason listed in Section 87.041(b)(1), (2), | ||
or (6) before the seventh day after election day. | ||
SECTION 4. This Act takes effect September 1, 2021. |