HB649 - Relating to the electronic transmission of a ballot to a voter voting early by mail on the ground of absence from the county of residence.

  89R1516 TSS-D     By: Bucy H.B. No. 649       A BILL TO BE ENTITLED   AN ACT   relating to the electronic transmission of a ballot to a voter   voting early by mail on the ground of absence from the county of   residence.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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   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 or an e-mail address for the applicant to which the   ballot is sent by electronic transmission ;                (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;                (6)  an indication of the ground of eligibility for   early voting; and                (7)  for an application for a ballot to be voted by mail   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 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;                (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 :                             (i)   the date on or after which the applicant   can receive mail at the address outside the county; or                             (ii)     that the applicant wishes to receive   the balloting materials by electronic transmission and provide an   e-mail address;                      (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 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 or 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 (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 3.  Section 86.003(a), Election Code, is amended to   read as follows:          (a)   Except as provided by Section 86.0031, the [ The ]   balloting materials for voting by mail shall be provided to the   voter by mail. A ballot provided by any other method may not be   counted.          SECTION 4.  Chapter 86, Election Code, is amended by adding   Section 86.0031 to read as follows:           Sec.   86.0031.     ELECTRONIC METHOD OF PROVIDING   BALLOT.     (a)     A voter voting by mail on the ground of absence from   the voter's county of residence may elect to receive the balloting   materials by electronic transmission on the voter's application for   an early voting ballot to be voted by mail.           (b)     Balloting materials to be sent by electronic   transmission under this section include:                 (1)  the appropriate ballot;                 (2)     ballot instructions, including instructions that   inform a voter that the ballot must be returned by mail to be   counted;                 (3)     instructions prescribed by the secretary of state   on how to create a ballot envelope and carrier envelope or signature   sheet for the ballot; and                 (4)     a list of certified write-in candidates, if   applicable.           (c)     The balloting materials may be provided by e-mail to the   voter:                 (1)     in a portable document format or similar file type   or through a scanned format; or                 (2)     by any other method of electronic transmission   authorized by the secretary of state in writing.           (d)     An e-mail address used under this section to request   balloting materials is confidential and does not constitute public   information for purposes of Chapter 552, Government Code. An early   voting clerk shall ensure that a voter's e-mail address provided   under this section is excluded from public disclosure.           (e)     The secretary of state shall prescribe procedures to   implement this section.          SECTION 5.  Section 86.006, Election Code, is amended by   amending Subsection (a) and adding Subsection (a-3) to read as   follows:          (a)   Except as provided by Subsection (a-3), a [ A ] marked   ballot voted under this chapter must be returned to the early voting   clerk in the official carrier envelope.  The carrier envelope may   be delivered in another envelope and must be transported and   delivered only by:                (1)  mail;                (2)  common or contract carrier; or                (3)  subject to Subsections (a-1) and (a-2), in-person   delivery by the voter who voted the ballot.           (a-3)     A marked ballot received through electronic   transmission as provided by Section 86.0031 shall be returned to   the early voting clerk by mail or common or contract carrier through   the procedures prescribed by the secretary of state.          SECTION 6.  This Act takes effect September 1, 2025.