HB1439 - Relating to early voting by mail.

  89R6346 PRL-D     By: Bucy H.B. No. 1439       A BILL TO BE ENTITLED   AN ACT   relating to early voting by mail.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 81, Election Code, is amended by adding   Section 81.006 to read as follows:           Sec.   81.006.     ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A   person eligible for early voting by mail under Section 82.002 or   Section 101.001 as a person described by Section 101.001(2)(A) may   cast a ballot using an accessible absentee mail system,   notwithstanding any other provision of this title.           (b)     An accessible absentee mail system must be an electronic   system, including software, used for the sole purpose of enabling   any voter, including a voter who has a disability, to mark the   voter's ballot and print and submit the ballot in the manner   required by law for a ballot marked by the voter.           (c)     The secretary of state shall adopt rules and prescribe   procedures for the implementation of this section.          SECTION 2.  Subtitle B, Title 7, Election Code, is amended by   adding Chapter 101A to read as follows:   CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING   MATERIALS TO DISABLED VOTERS           Sec.   101A.001.     ELIGIBILITY; REQUEST FOR BALLOTING   MATERIALS. (a)   A person eligible to vote under Section 82.002 may   request from the appropriate early voting clerk e-mail transmission   of balloting materials under this chapter.           (b)     The early voting clerk shall grant a request made under   this section for the e-mail transmission of balloting materials if:                 (1)     the requestor has submitted a valid application   for a ballot to be voted by mail on the ground of disability;                 (2)     the requestor provides an e-mail address with the   request;                 (3)     the request is submitted on or before the seventh   day before the date of the election; and                 (4)     a marked ballot for the election from the   requestor has not been received by the early voting clerk.           Sec.   101A.002.     CONFIDENTIALITY OF E-MAIL ADDRESS. An   e-mail address used under this chapter 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 chapter is excluded from public disclosure.           Sec.   101A.003.     ELECTIONS COVERED. Balloting materials may   be sent by e-mail under this chapter for any election in which the   voter who registers under this chapter is eligible to vote.           Sec.   101A.004.     BALLOTING MATERIALS TO BE SENT BY E-MAIL.     Balloting materials to be sent by e-mail under this chapter   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 carrier envelope or signature sheet for the   ballot; and                 (4)     a list of certified write-in candidates, if   applicable.           Sec.   101A.005.     METHODS OF TRANSMISSION TO VOTER. (a)   The   balloting materials may be provided by e-mail to the voter in PDF   format, through a scanned format, or by any other method of   electronic transmission authorized by the secretary of state in   writing.           (b)     The secretary of state shall prescribe procedures for   the retransmission of balloting materials following an   unsuccessful transmission of the materials to a voter.           Sec.   101A.006.     RETURN OF BALLOT. (a)   A voter who receives   a ballot under this chapter must return the ballot in the same   manner as required under Section 101.057 except that a voter who   completes a signature sheet is not required to complete a carrier   envelope. Except as provided by Chapter 105, the voter may not   return the ballot by electronic transmission.           (b)     A ballot that is not returned as required by Subsection   (a) is considered a ballot not timely returned and is not sent to   the early voting ballot board for processing.           (c)     The deadline for the return of a ballot under this   section is the same deadline as provided in Section 86.007.           Sec.   101A.007.     RULES. The secretary of state may adopt   rules as necessary to implement this chapter.          SECTION 3.  Section 87.0223(a), Election Code, is amended to   read as follows:          (a)  If the early voting clerk has provided a voter a ballot   to be voted by mail by both regular mail and e-mail under Chapter   101A or Subchapter C, Chapter 101, the clerk may not deliver a   jacket envelope containing the early voting ballot voted by mail by   the voter to the board until:                (1)  both ballots are returned; or                (2)  the deadline for returning marked ballots under   Section 86.007 has passed.          SECTION 4.  Section 87.0431(a), Election Code, is amended to   read as follows:          (a)  Not later than the 10th day after election day, the   presiding judge of the early voting ballot board shall deliver   written notice of the reason for the rejection of a ballot to the   voter at the residence address on the ballot application. If the   ballot was transmitted to the voter by e-mail under Chapter 101A or   Subchapter C, Chapter 101, the presiding judge shall also provide   the notice to the e-mail address to which the ballot was sent.          SECTION 5.  The changes in law made by this Act apply only to   an election ordered on or after the effective date of this Act.          SECTION 6.  This Act takes effect September 1, 2025.