HB417 - Relating to early voting by mail by any qualified voter and to the repeal of certain criminal offenses concerning the solicitation and distribution of an application to vote by mail.

  89R1511 LRM-D     By: Bucy H.B. No. 417       A BILL TO BE ENTITLED   AN ACT   relating to early voting by mail by any qualified voter and to the   repeal of certain criminal offenses concerning the solicitation and   distribution of an application to vote by mail.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 13.002(e), Election Code, is amended to   read as follows:          (e)   Notwithstanding Section 82.005, a [ A ] person who is   certified for participation in the address confidentiality program   administered by the attorney general under Subchapter B, Chapter   58, Code of Criminal Procedure, is not eligible for early voting by   mail [ under Section 82.007 ] unless the person submits an   application under this section by personal delivery. The secretary   of state may adopt rules to implement this subsection.          SECTION 2.  Section 82.005, Election Code, is amended to   read as follows:          Sec. 82.005.  ELIGIBILITY FOR EARLY VOTING [ BY PERSONAL   APPEARANCE ]. Any qualified voter is eligible for early voting by   mail or personal appearance.          SECTION 3.  Section 82.007, Election Code, is amended to   read as follows:          Sec. 82.007.  PARTICIPATION IN ADDRESS CONFIDENTIALITY   PROGRAM. Notwithstanding Section 82.005, a [ A ] qualified voter   who, [ is eligible for early voting by mail if:                [ (1)     the voter submitted a registration application by   personal delivery as required by Section 13.002(e); and                [ (2) ]  at the time the voter's early voting ballot   application is submitted, [ the voter ] is certified for   participation in the address confidentiality program administered   by the attorney general under Subchapter B, Chapter 58, Code of   Criminal Procedure , is eligible for early voting by mail only if the   voter submitted a registration application by personal delivery as   required by Section 13.002(e) .          SECTION 4.  Section 84.001(a), Election Code, is amended to   read as follows:          (a)  To be entitled to vote an early voting ballot by mail, a   person [ who is eligible for early voting ] must make an application   for an early voting ballot to be voted by mail as provided by this   title.          SECTION 5.  Section 84.002(a), Election Code, is amended 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)  the following information:                      (A)  the number of the applicant's driver's   license, election identification certificate, or personal   identification card issued by the Department of Public Safety;                      (B)  if the applicant has not been issued a number   described by Paragraph (A), the last four digits of the applicant's   social security number; or                      (C)  a statement by the applicant that the   applicant has not been issued a number described by Paragraph (A) or   (B);                (2)  for an application for a ballot to be voted by mail   by an applicant who will be absent from the applicant's [ on the   ground of absence from the ] county of residence on election day , 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   by an applicant who is 65 years of age or older on election day or   has a sickness or physical condition that requires the applicant to   reside in a hospital or nursing home or other long-term care   facility, in a retirement center, or with a relative [ 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   by an applicant who is confined [ on the ground of confinement ] in   jail as described by Section 84.009(a) , 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; and                [ (7) ]  for an application for a ballot to be voted by   mail by an applicant who is civilly committed as a sexually violent   predator under Chapter 841, Health and Safety Code, and ordered as a   condition of civil commitment to reside in a facility operated by or   under contract with the Texas Civil Commitment Office [ on the   ground of involuntary civil commitment ], the address of the   facility operated by or under contract with the Texas Civil   Commitment Office or of a person related to the applicant within the   degree of consanguinity described by Subdivision (3).          SECTION 6.  Section 84.009, Election Code, is amended by   amending Subsection (a) and adding Subsection (b) to read as   follows:          (a)   This section applies only to an applicant who, at the   time the application for a ballot to be voted by mail is submitted,   is confined in jail:                 (1)     serving a misdemeanor sentence for a term that   ends on or after election day;                 (2)  pending trial after denial of bail;                 (3)     without bail pending an appeal of a felony   conviction; or                 (4)     pending trial or appeal on a bailable offense for   which release on bail before election day is unlikely.           (b)   On request of the applicant, an application for a ballot   to be voted by mail [ on the ground of confinement in jail ] may be   submitted to the early voting clerk, at the discretion of the   authority in charge of the jail, by personal delivery by the jail   authority or by a designated subordinate of the authority.          SECTION 7.  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;                (3-a)  a space for entering the information required   under Section 84.002(a)(1-a); and                (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 whether   the applicant will be absent from the applicant's county of   residence on election day and, if applicable, 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:                            (i)  a statement informing the applicant   that failure to furnish that information does not invalidate the   application; and                            (ii)  a statement prescribed by the   secretary of state explaining the benefits of furnishing that   information, including how that information assists the early   voting clerk;                      (D)  a space or box for an applicant who is 65   years of age or older on election day or has a sickness or physical   condition that requires the applicant to reside in a hospital or   nursing home or other long-term care facility, in a retirement   center, or with a relative, [ 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 who is   confined [ applying on the ground of confinement ] in jail as   described by Section 84.009(a) or who is civilly committed as a   sexually violent predator under Chapter 841, Health and Safety   Code, and ordered as a condition of civil commitment to reside in a   facility operated by or under contract with the Texas Civil   Commitment Office, [ involuntary civil commitment ] 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) or (6) [ (7) ], 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; and                      (I)  a statement informing the applicant of the   requirement prescribed by Section 86.003(c).          SECTION 8.  Sections 86.001(b) and (c), Election Code, are   amended to read as follows:          (b)  If the application complies with the applicable   requirements prescribed by this title [ applicant is entitled to   vote [Text truncated for display. 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