Bill Text: TX SB1599 | 2023-2024 | 88th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to ballots voted by mail.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB1599 Detail]

Download: Texas-2023-SB1599-Comm_Sub.html
  88R28915 TSS-D
 
  By: Hughes, et al. S.B. No. 1599
 
  (Bucy)
 
  Substitute the following for S.B. No. 1599:  No.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to ballots voted by mail.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 66.026, Election Code, is amended to
  read as follows:
         Sec. 66.026.  CONTENTS OF BALLOT BOX NO. 4.  Ballot box no. 4
  must contain:
               (1)  the original of the ballot register;
               (2)  the register of spoiled ballots;
               (3)  any spoiled ballots;
               (4)  any ballot to be voted by mail returned at the
  polling place;
               (5) [(4)]  any defectively printed ballots;
               (6) [(5)]  any envelope containing cancellation
  requests and canceled ballots; and
               (7) [(6)]  any other unused ballots.
         SECTION 2.  Section 84.032, Election Code, is amended by
  adding Subsection (d-1) to read as follows:
         (d-1)  An election officer shall maintain a register of
  ballots to be voted by mail returned at a polling place under
  Subsection (d).  An election officer shall enter on the register the
  name of each voter who returns a ballot to be voted by mail and the
  ballot's number.  The secretary of state shall adopt a form to be
  used for this purpose.
         SECTION 3.  Section 84.036, Election Code, is amended to
  read as follows:
         Sec. 84.036.  DISPOSITION OF RETURNED BALLOT.  (a) If an
  early voting ballot sent to an applicant whose application is
  canceled is returned to the early voting clerk as a marked ballot,
  the ballot shall be treated as a marked ballot not timely returned.
         (b)  After making the appropriate entry on a register
  maintained under Section 84.032(d-1), an election officer shall
  deposit a ballot to be voted by mail returned at a polling place
  under Section 84.032(d) in ballot box no. 4.
         SECTION 4.  Section 86.008, Election Code, is amended to
  read as follows:
         Sec. 86.008.  OPPORTUNITY TO CORRECT DEFECT: [DEFECTIVE]
  APPLICATION.  (a)  This section applies to an application for a
  ballot to be voted by mail for which the applicant failed to comply
  with a requirement provided by Section 84.002, 84.0021, or
  84.003(a) in a manner that would lead, if not corrected, to the
  rejection of the applicant's application.
         (a-1)  Not later than the second day after the early voting
  clerk discovers a defect described by Subsection (a), the early
  voting clerk shall:
               (1)  determine if it would be possible for the
  applicant to correct the defect and return an application form by
  mail before the deadline provided by Section 84.007(c) or
  86.0015(b-1), as applicable; and
               (2)  notwithstanding any other law, if the clerk
  determines it would be possible to correct the defect and return an
  application form before the deadline provided by Section 84.007(c)
  or 86.0015(b-1), either return the application to the applicant or
  [If on reviewing an application for a ballot to be voted by mail
  that was received on or before the 18th day before election day the
  early voting clerk determines that the application does not fully
  comply with the applicable requirements prescribed by this title,
  the clerk shall mail or otherwise] deliver an official application
  form to the applicant.
         (b)  The clerk shall include with the returned application or
  an application form [mailed or] delivered to the applicant under
  Subsection (a-1)(2) a written notice containing:
               (1)  a brief explanation of each defect in the
  noncomplying application;
               (2)  a statement informing the voter that the voter is
  not entitled to vote an early voting ballot unless the application
  complies with all legal requirements; and
               (3)  instructions for submitting the corrected or
  second application.
         (c)  If the early voting clerk determines that it would not
  be possible for the applicant to correct the defect and return an
  application form by mail before the deadline provided by Section
  84.007(c) or 86.0015(b-1), as applicable, [an application that does
  not fully comply with the applicable requirements prescribed by
  this title is received after the 12th day before election day and
  before the end of the period for early voting by personal
  appearance,] the clerk may notify the applicant by telephone or
  e-mail of the defect, including the information required under
  Subsection (b), and inform the applicant that the applicant may
  come to the early voting clerk's office before the deadline
  provided by Section 84.007(c) or 86.0015(b-1), as applicable, and
  correct the defect in person [shall mail or otherwise deliver a
  notice to the voter containing the information prescribed by
  Subdivisions (1) and (2) of Subsection (b), including a statement
  that the application was late, if applicable].
         (c-1)  The clerk shall:
               (1)  in addition to returning an application or
  providing an application form under Subsection (a-1)(2) or
  notifying an applicant under Subsection (c), notify the applicant
  of a defect discovered under this section and provide the
  information required to be included under Subsection (b) using the
  online tool described by Section 86.015; and
               (2)  if possible, permit the applicant to correct a
  defect using the online tool described by Section 86.015.
         (d)  Notwithstanding any other provisions of this code, the
  clerk may deliver in person to the voter a second application if the
  defective original application is timely and may receive, before
  the deadline, the corrected application in person from the voter.  
  If a procedure authorized by this subsection is used, it must be
  applied uniformly to all applications covered by this subsection.  
  The clerk shall enter a notation on the application indicating any
  information added by the clerk under this subsection.  A poll
  watcher is entitled to accompany the clerk and observe the
  procedures under this subsection.  The secretary of state may
  prescribe any other procedures necessary to implement this
  subsection including requirements for posting notice of any
  deliveries.
         SECTION 5.  Sections 86.015(a) and (b), Election Code, are
  amended to read as follows:
         (a)  The secretary of state shall develop or otherwise
  provide an online tool to each early voting clerk [that enables a
  person who submits an application for a ballot to be voted by mail
  to track the location and status of the person's application and
  ballot] on the secretary's Internet website and on the county's
  Internet website if the early voting clerk is the county clerk of a
  county that maintains an Internet website that enables a person who
  submits an application for a ballot to be voted by mail to:
               (1)  track the location and status of the person's
  application and ballot; and
               (2)  receive notice of and, if possible, correct a
  defect in the person's application and ballot under Sections
  86.008(c-1), 87.0271(e-1), and 87.0411(e-1).
         (b)  The online tool developed or provided under Subsection
  (a) must require the voter to provide, before permitting the voter
  to access information described by that subsection:
               (1)  the voter's name and date of birth [registration
  address] and the last four digits of the voter's social security
  number; and
               (2)  the voter's:
                     (A)  driver's license number; or
                     (B)  personal identification card number issued
  by the Department of Public Safety.
         SECTION 6.  Section 87.0222, Election Code, is amended to
  read as follows:
         Sec. 87.0222.  TIME OF DELIVERY: BALLOTS VOTED BY MAIL. (a)
  Except as provided by Subsection (a-1), not later than the ninth day
  before election day [Notwithstanding Section 87.024, in an election
  conducted by an authority of a county with a population of 100,000
  or more, or conducted jointly with such a county or conducted with
  such a county through a contract for election services], the jacket
  envelopes containing [the] early voting ballots voted by mail shall
  [may] be delivered to the board [between the end of the ninth day
  before the last day of the period for early voting by personal
  appearance and the closing of the polls on election day, or as soon
  after closing as practicable, at the time or times specified by the
  presiding judge of the board].
         (a-1)  Any jacket envelopes of early voting ballots voted by
  mail returned after delivery of the ballots under Subsection (a)
  may be delivered to the presiding judge of the early voting ballot
  board between the end of the ninth day before election day and the
  closing of the polls on election day, or as soon after closing as
  practicable, at the time or times specified by the presiding judge.
         (b)  The early voting clerk shall post notice of each
  delivery of balloting materials under this section that is to be
  made before the time for opening the polls on election day.  The
  notice shall be posted at the main early voting polling place
  continuously for at least 24 hours immediately preceding the
  delivery.
         (c)  At least 24 hours before each delivery made before the
  time for opening the polls on election day, the early voting clerk
  shall notify the county chair of each political party having a
  nominee on the ballot of the time the delivery is to be made.
         SECTION 7.  Sections 87.0241(a) and (c), Election Code, are
  amended to read as follows:
         (a)  The early voting ballot board shall make its
  determination [may determine] whether to accept early voting
  ballots voted by mail in accordance with Section 87.041 [at any
  time] after the ballots are delivered to the board.
         (c)  The secretary of state shall prescribe any procedures
  necessary for implementing this section [in regard to elections
  described by Subsection (b)(2)].
         SECTION 8.  Section 87.0271, Election Code, is amended by
  amending Subsections (b) and (c) and adding Subsections (b-1),
  (c-1), and (e-1) to read as follows:
         (b)  Not later than the second [business] day after a
  signature verification committee discovers a defect described by
  Subsection (a) and before the committee decides whether to accept
  or reject a timely delivered ballot under Section 87.027, the
  committee shall send the voter a notice of the defect and a
  corrective action form developed by the secretary of state under
  Subsection (c-1) by mail or by common or contract carrier[:
               [(1)  determine if it would be possible for the voter to
  correct the defect and return the carrier envelope before the time
  the polls are required to close on election day; and
               [(2)  return the carrier envelope to the voter by mail,
  if the committee determines that it would be possible for the voter
  to correct the defect and return the carrier envelope before the
  time the polls are required to close on election day].
         (b-1)  The signature verification committee shall include
  with the notice delivered to the voter under Subsection (b):
               (1)  a brief explanation of each defect in the
  noncomplying ballot; and
               (2)  a notice that the voter may:
                     (A)  cancel the voter's application to vote by
  mail in the manner described by Section 84.032; or
                     (B)  correct the defect in the voter's ballot by:
                           (i)  submitting a corrective action form
  developed and made available by the secretary of state under
  Subsection (c-1) by mail or by common or contract carrier; or
                           (ii)  coming to the early voting clerk's
  office not later than the sixth day after election day.
         (c)  If the signature verification committee determines
  [under Subsection (b)(1)] that it would not be possible for the
  voter to receive the notice of defect within a reasonable time to
  correct the defect [and return the carrier envelope before the time
  the polls are required to close on election day], the committee may
  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,
  submit a corrective action form developed by the secretary of state
  under Subsection (c-1) by mail or by common or contract carrier, 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-1)  The secretary of state shall develop a corrective
  action form that may be completed and submitted to a signature
  verification committee under this section to correct a defect.
         (e-1)  The committee shall:
               (1)  in addition to sending the voter a notice of the
  defect under Subsection (b) or notifying the voter of the defect by
  telephone or e-mail under Subsection (c), notify the voter of a
  defect discovered under this section using the online tool
  described by Section 86.015; and
               (2)  if possible, permit the voter to correct a defect
  using the online tool described by Section 86.015.
         SECTION 9.  Section 87.041(d-1), Election Code, is amended
  to read as follows:
         (d-1)  If a voter provides the information required under
  Section 86.002(g) and it identifies the same voter identified on
  the voter's application for voter registration under Section
  13.002(c)(8), the signature on the ballot application and on the
  carrier envelope certificate shall be rebuttably presumed to be the
  signatures of the voter.  The board shall compare signatures in
  making a determination under Subsection (b)(2) regardless of
  whether the presumption provided by this subsection exists.
         SECTION 10.  Section 87.0411, Election Code, is amended by
  amending Subsections (b) and (c) and adding Subsections (b-1),
  (c-1), and (e-1) to read as follows:
         (b)  Not later than the second [business] day after an early
  voting ballot board discovers a defect described by Subsection (a)
  and before the board decides whether to accept or reject a timely
  delivered ballot under Section 87.041, the board shall send the
  voter a notice of the defect and a corrective action form developed
  by the secretary of state under Subsection (c-1) by mail or by
  common or contract carrier[:
               [(1)  determine if it would be possible for the voter to
  correct the defect and return the carrier envelope before the time
  the polls are required to close on election day; and
               [(2)  return the carrier envelope to the voter by mail,
  if the board determines that it would be possible for the voter to
  correct the defect and return the carrier envelope before the time
  the polls are required to close on election day].
         (b-1)  The early voting ballot board shall include with the
  notice delivered to the voter under Subsection (b):
               (1)  a brief explanation of each defect in the
  noncomplying ballot; and
               (2)  a notice that the voter may:
                     (A)  cancel the voter's application to vote by
  mail in the manner described by Section 84.032; or
                     (B)  correct the defect in the voter's ballot by:
                           (i)  submitting a corrective action form
  developed and made available by the secretary of state under
  Subsection (c-1) by mail or by common or contract carrier; or
                           (ii)  coming to the early voting clerk's
  office not later than the sixth day after election day.
         (c)  If the early voting ballot board determines [under
  Subsection (b)(1)] that it would not be possible for the voter to
  receive the notice of defect within a reasonable time to correct the
  defect [and return the carrier envelope before the time the polls
  are required to close on election day], the board may 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, submit a
  corrective action form developed by the secretary of state under
  Subsection (c-1) by mail or by common or contract carrier, 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-1)  The secretary of state shall develop a corrective
  action form that may be completed and submitted to an early voting
  ballot board under this section to correct a defect.
         (e-1)  The early voting ballot board shall:
               (1)  in addition to sending the voter notice of the
  defect under Subsection (b) or notifying the voter of the defect by
  telephone or e-mail under Subsection (c), notify the voter of a
  defect discovered under this section using the online tool
  described by Section 86.015; and
               (2)  if possible, permit the voter to correct a defect
  using the online tool described by Section 86.015.
         SECTION 11.  The change in law made by this Act applies only
  to an application for a ballot to be voted by mail submitted on or
  after the effective date of this Act.  An application for a ballot
  to be voted 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 12.  The changes in law made by this Act apply only
  to an election held on or after the effective date of this Act.  An
  election held before the effective date of this Act is governed by
  the law in effect when the election was held, and that law is
  continued in effect for that purpose.
         SECTION 13.  This Act takes effect September 1, 2023.
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