HB569 - Relating to an opportunity to correct certain defects in an early voting ballot voted by mail.

  89R1508 TSS-D     By: Bucy H.B. No. 569       A BILL TO BE ENTITLED   AN ACT   relating to an opportunity to correct certain defects in an early   voting ballot voted by mail.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 86.011, Election Code, is amended by   amending Subsection (d) and adding Subsections (e), (f), (g), (h),   (i), (j), and (k) to read as follows:          (d)  Notwithstanding any other provisions of this code, if   the clerk receives a timely carrier envelope that does not fully   comply with the applicable requirements prescribed by this title,   the clerk , not later than the second day after the clerk discovers   the defect and before the time of delivery under Subchapter B,   Chapter 87, shall send [ may deliver the carrier envelope in person   or by mail to ] the voter a notice of the defect and a corrective   action form developed by the secretary of state under Subsection   (g) by mail or by common or contract carrier.           (e)     The early voting clerk shall include with the notice   delivered to the voter under Subsection (d):                   (1)     a brief explanation of each defect in the   noncomplying ballot; and                 (2)  a notice that the voter may:                       (A)   [ and may receive, before the deadline, the   corrected carrier envelope from the voter, or the clerk may notify   the voter of the defect by telephone and advise the voter that the   voter may come to the clerk's office in person to correct the defect   or ] 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 (g) 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 [ and vote on   election day ].           (f)     If the early voting clerk determines that it would not   be possible for the voter to receive the notice of defect within a   reasonable time to correct the defect, the clerk 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 (g) 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.           (g)     The secretary of state shall develop a corrective action   form that may be completed and submitted to an early voting clerk   under this section to correct a defect.           (h)   If the early voting clerk takes an action described by   Subsection (d), the clerk must take either action described by that   subsection with respect to each ballot in the election to which this   section applies [ procedures authorized by this subsection are used,   they must be applied uniformly to all carrier envelopes covered by   this subsection ].           (i)   A poll watcher is entitled to observe an action taken   under Subsection (d) or (f) [ the procedures under this subsection ].           (j)  The early voting clerk shall:                 (1)     in addition to sending the voter notice of the   defect under Subsection (d) or notifying the voter of the defect by   telephone or e-mail under Subsection (f), 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.           (k)   The secretary of state may prescribe any [ other ]   procedures necessary to implement this section [ subsection   including requirements for posting notice of any deliveries ].          SECTION 2.  Section 86.015(a), Election Code, is amended to   read as follows:          (a)  The secretary of state shall develop or otherwise   provide an online tool to each early voting clerk 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), 86.011(j), 87.0271(e-1), and 87.0411(e-1).          SECTION 3.  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 4.  This Act takes effect September 1, 2025.