HB1917 - Relating to early voting by mail by any qualified voter, the electronic transmission of a ballot to a voter voting early by mail, and the repeal of certain criminal offenses concerning the solicitation and distribution of an application to vote by mail.

  89R3008 PRL-D     By: Bucy H.B. No. 1917       A BILL TO BE ENTITLED   AN ACT   relating to early voting by mail by any qualified voter, the   electronic transmission of a ballot to a voter voting early by mail,   and 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 4.003, Election Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  In addition to any other notice given for an election   under Subsection (a), not later than the 21st day before election   day, a county shall post a copy of a notice of the election given by   the county or provided to the county under Section 4.008(a)[ , which   must include the location of each polling place, ] on the county's   Internet website, if the county maintains a website. An authority   responsible for giving notice of an election may post a copy of the   notice on the bulletin board used for posting notices of the   meetings of the governing body of the political subdivision that   the authority serves. If a county does not maintain a website, the   authority responsible for giving notice of the election shall post   a copy of a notice of the election on the bulletin board used for   posting notices of the meetings of the governing body of the   political subdivision that the authority serves. For each precinct   that is combined to form a consolidated precinct under Section   42.008, not later than the 10th day before election day, the   authority shall also post, at the polling place used in the   preceding general election, notice of the precinct's consolidation   and the location of the polling place in the consolidated precinct.   A notice posted under this subsection must remain posted   continuously through election day.           (b-1)  The notice given under Subsection (b) must include:                 (1)     the location of each polling place that will be   open on election day;                 (2)     the location of each polling place that will be   open for early voting; and                 (3)     the location of each polling place designated for   delivering marked ballots under Section 86.006(a-3).          SECTION 2.  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 3.  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 82.005 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 4.  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 5.  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 6.  Section 84.001, Election Code, is amended by   amending Subsections (a) and (e) and adding Subsection (e-1) 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.          (e)   Except as provided by Subsection (e-1), an application   [ An applicant ] for a ballot to be voted by mail serves as an   application both [ may apply ] for a ballot [ ballots ] for the main   election and for any resulting runoff election [ on the same   application ].  If an application [ for the main election and any   resulting runoff ] is not timely for the main election, it will be   considered timely for any resulting runoff if received not later   than the deadline, determined using the date of the runoff   election, for submitting a regular application for a ballot to be   voted by mail.           (e-1)     An applicant for a ballot to be voted by mail for the   main election may request not to receive a ballot for a resulting   runoff election.          SECTION 7.  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 or an e-mail address for the applicant to   which the ballot is to be sent by electronic transmission ;                (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, 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 is 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 8.  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 9.  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 ente [Text truncated for display. 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