Bill Text: TX SB1509 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to identification requirements for early voting by mail.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Engrossed - Dead) 2021-05-18 - Committee report sent to Calendars [SB1509 Detail]
Download: Texas-2021-SB1509-Introduced.html
Bill Title: Relating to identification requirements for early voting by mail.
Spectrum: Partisan Bill (Republican 9-0)
Status: (Engrossed - Dead) 2021-05-18 - Committee report sent to Calendars [SB1509 Detail]
Download: Texas-2021-SB1509-Introduced.html
87R10932 TSS-D | ||
By: Creighton | S.B. No. 1509 |
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relating to identification requirements for early voting by mail; | ||
providing a penalty. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 84.002, Election Code, is amended by | ||
amending Subsection (a) and adding Subsections (c), (d), (e), and | ||
(f) 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) a legible photograph or copy of: | ||
(A) one form of photo identification listed in | ||
Section 63.0101(a); or | ||
(B) one form of identification listed in Section | ||
63.0101(b) accompanied by a declaration of reasonable impediment as | ||
described in Section 63.001(i); | ||
(1-b) the last four digits of the applicant's social | ||
security number or a statement that the applicant has not been | ||
issued a social security number; | ||
(2) for an application for a ballot to be voted by mail | ||
on the ground of absence from the county of residence, 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 | ||
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 | ||
on the ground of confinement in jail, 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. | ||
(c) If the requirement for identification prescribed by | ||
Subsection (a)(1-a) is not met, the voter may be provided an | ||
official ballot under Chapter 86 if the voter executes an affidavit | ||
declaring the voter cannot obtain identification due to a religious | ||
objection or an emergency. The affidavit must be in the same form as | ||
an affidavit used for a provisional ballot under Section | ||
65.054(b)(2)(B) or (C). | ||
(d) A person is subject to prosecution for perjury under | ||
Chapter 37, Penal Code, or Section 63.0013 for a false statement or | ||
false information on a document executed under this section. | ||
(e) Section 63.0101(c) applies to documentation provided | ||
under this section. | ||
(f) A legible photograph or copy of solely the side of a | ||
driver's license, election identification certificate, or personal | ||
identification card issued to a person by the Department of Public | ||
Safety displaying the person's photograph is sufficient to meet the | ||
requirement for identification prescribed by Subsection | ||
(a)(1-a)(A). | ||
SECTION 2. 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; [ |
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(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 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 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 applying on | ||
the ground of confinement in jail 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), 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; [ |
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(I) a statement informing the applicant of the | ||
requirement prescribed by Section 86.003(c); and | ||
(J) a statement informing the applicant of the | ||
requirement that the applicant include: | ||
(i) a legible photograph or copy of | ||
identification described by Section 84.002(a)(1-a); and | ||
(ii) the last four digits of the applicant's | ||
social security number or a statement that the applicant has not | ||
been issued a social security number under Section 84.002(a)(1-b); | ||
and | ||
(5) any forms that may be required to meet the | ||
identification requirements of Section 84.002. | ||
SECTION 3. Section 86.001, Election Code, is amended by | ||
adding Subsections (f) and (f-1) to read as follows: | ||
(f) If the application does not include a legible photograph | ||
or copy of one form of photo identification listed in Section | ||
63.0101(a), one form of identification listed in Section 63.0101(b) | ||
accompanied by a declaration of reasonable impediment, or an | ||
affidavit of religious objection or emergency under Section | ||
84.002(c), the clerk shall reject the application. | ||
(f-1) If the applicant does not include the last four digits | ||
of the applicant's social security number or a statement that the | ||
applicant has not been issued a social security number, the clerk | ||
shall reject the application. | ||
SECTION 4. Section 86.002, Election Code, is amended by | ||
adding Subsection (g) to read as follows: | ||
(g) A ballot provided under this chapter must include a | ||
space for the voter to enter the following information: | ||
(1) the voter's Texas driver's license number or the | ||
number of a personal identification card issued by the Department | ||
of Public Safety; | ||
(2) if the voter has not been issued a number described | ||
by Subdivision (1), the last four digits of the voter's social | ||
security number; or | ||
(3) a statement by the voter that the voter has not | ||
been issued a number described by Subdivision (1) or (2). | ||
SECTION 5. Section 87.041, Election Code, is amended by | ||
amending Subsection (b) and adding Subsection (b-1) 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; | ||
(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; [ |
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(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 | ||
(8) the voter has provided the information required | ||
under Section 86.002(g) and the board is able to verify the identity | ||
of the voter with that information. | ||
(b-1) Before a ballot voted by mail on which is included a | ||
statement under Section 86.002(g)(3) may be accepted, the board | ||
shall verify that the voter did not include a driver's license | ||
number or number of a personal identification card issued by the | ||
Department of Public Safety or the last four digits of the voter's | ||
social security number with the voter's early voting ballot | ||
application. If the information was provided with the voter's | ||
early voting ballot application, the board may not accept the | ||
ballot. | ||
SECTION 6. The changes in law made by this Act apply only to | ||
an application to vote an early voting ballot by mail submitted on | ||
or after the effective date of this Act. An application to vote an | ||
early voting ballot by mail submitted before the effective date of | ||
this Act is governed by the law in effect when the application was | ||
submitted, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 7. This Act takes effect September 1, 2021. |