HB3774 - Relating to the operation of a signature verification committee.

  89R13834 LRM-F     By: Paul H.B. No. 3774       A BILL TO BE ENTITLED   AN ACT   relating to the operation of a signature verification committee.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 86.011(d), Election Code, is amended 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 may deliver the carrier envelope in person or by mail to   the voter 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 or e-mail 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 and vote   on election day , or cure the defect as instructed on a corrective   action form and return the form by mail .  If the procedures   authorized by this subsection are used, they must be applied   uniformly to all carrier envelopes covered by this subsection.  A   poll watcher is entitled to observe the procedures under this   subsection.  The secretary of state may prescribe any other   procedures necessary to implement this subsection including   requirements for posting notice of any deliveries.          SECTION 2.  Section 87.0271(a), Election Code, is amended to   read as follows:          (a)  This section applies to an early voting ballot voted by   mail:                (1)  for which the voter did not sign the carrier   envelope certificate;                (2)  for which it cannot immediately be determined   whether the signature on the carrier envelope certificate or   signature sheet, as applicable, is that of the voter;                (3)  [ missing any required statement of residence;                [ (4) ]  missing information or a required signature   sheet [ containing incorrect information required under Section   84.002(a)(1-a) or Section 86.002 ]; or                 (4)  [ (5) ]  containing incomplete information with   respect to a witness.          SECTION 3.  Sections 87.0222(a) and (a-1), Election Code,   are amended to read as follows:          (a)  Except as provided by Subsection (a-1), not later than   the 11th [ ninth ] day before election day, the jacket envelopes   containing early voting ballots voted by mail shall be delivered to   the board.          (a-1)  Any jacket envelopes of early voting ballots voted by   mail returned after delivery of the ballots under Subsection (a)   may be delivered to the presiding judge of the early voting ballot   board between the end of the 11th [ ninth ] day before election day   and the closing of the polls on election day, or as soon after   closing as practicable, at the time or times specified by the   presiding judge.          SECTION 4.  Section 87.027, Election Code, is amended by   amending Subsections (a-1), (c), (d), (f), and (i) and adding   Subsections (e-1), (f-1), and (i-1) to read as follows:          (a-1)  A signature verification committee shall be appointed   in the general election for state and county officers on submission   to the early voting clerk of a written request for the committee by   at least 15 registered voters of the county.   The secretary of state   shall prescribe the form for a request submitted under this   subsection. The request must be submitted not later than the   preceding October 1, and a request submitted by mail is considered   to be submitted at the time of its receipt by the clerk.          (c)  Not later than the fifth day after the date the early   voting clerk issues the order calling for the appointment of a   signature verification committee, or not later than October 15 for   a committee required under Subsection (a-1), the appropriate   authority shall appoint the members of the committee and designate   one of the appointees as chair, subject to Subsection (d). The   authority shall fill a vacancy on the committee by appointment as   soon as possible after the vacancy occurs, subject to Subsection   (d). The early voting clerk shall post notice of the name [ and   residence address ] of each appointee. The notice must remain   posted continuously for the period beginning the day after the date   of the appointment and ending on the last day of the committee's   operation in the election.          (d)  The early voting clerk shall determine an odd [ the ]   number of members who are to compose the signature verification   committee and shall state that number in the order calling for the   committee's appointment.  A committee must consist of not fewer   than five members.  In an election in which party alignment is   indicated on the ballot, each county chair of a political party with   a nominee or aligned candidate on the ballot shall submit to the   appointing authority a list of names of persons eligible to serve on   the signature verification committee in order of the county chair's   preference.  The authority shall appoint at least two persons from   each list in the order of preference indicated on each list to serve   as members of the committee.  The same number of members must be   appointed from each list.  The authority shall appoint as chair of   the committee the highest-ranked person on the list provided by the   political party whose nominee for governor received the most votes   in the county in the most recent gubernatorial general election.     The authority shall appoint as vice chair of the committee the   highest-ranked person on the list provided by the political party   whose nominee for governor received the second most votes in the   county in the most recent gubernatorial general election.   The vice   chair shall be counted as a member unless the chair is not present.     If the chair is not present, the vice chair acts as the chair until   the chair returns or a replacement is provided by the chair's   political party. A vacancy of any position on the committee shall   be filled by appointment from the original list or from a new list   submitted by the appropriate county chair.           (e-1)     A person may not serve on a signature verification   committee and an early voting ballot board in the same election.          (f)  The early voting clerk shall determine the place, day or   days, and hours of operation of the signature verification   committee and shall state that information in the order calling for   the committee's appointment. A committee may not begin operating   before the 20th day before election day and must convene not later   than the 12th day before election day .           (f-1)     After the day the signature verification committee   begins operating, the early voting clerk may no longer send a voter   a notice of a defect and corrective action form under Section   86.011(d).   The early voting clerk may, with instruction from the   committee chair, send a voter a notice of defect and corrective   action form under Section 87.0271 on behalf of the committee.          (i)  The signature verification committee shall compare the   signature on each carrier envelope certificate, except those signed   for a voter by a witness, with the signature on the voter's ballot   application to determine whether the signatures are those of the   voter.  The committee may also compare the signatures with any known   signature of the voter on file with the county clerk or voter   registrar to determine whether the signatures are those of the   voter.  Except as provided by Subsection (l), a determination under   this subsection that the signatures are not those of the voter must   be made by a majority vote of the committee's membership , with the   chair only voting to resolve a tie .   Both political parties must be   equally represented during the majority vote.   If an unequal number   of members are present, it must be decided at the beginning of the   meeting which member shall abstain from participating so that an   equal number of members from both parties are voting.   The committee   shall place the jacket envelopes, unopened carrier envelopes, and   applications of voters whose signatures are not those of the voter   in separate containers from those of voters whose signatures are   those of the voter.  The committee chair shall deliver the sorted   materials to the early voting ballot board at the time specified by   the board's presiding judge.           (i-1)     The signature verification committee may only open a   carrier envelope if the carrier envelope is attached to a federal   postcard application for the purpose of reviewing a signature   sheet.          SECTION 5.  Subchapter B, Chapter 87, Election Code, is   amended by adding Section 87.0273 to read as follows:           Sec.   87.0273.     SIGNATURE VERIFICATION COMMITTEE MEMBERS;   OATH AND IDENTIFICATION.   (a) A member of the signature   verification committee shall repeat the following oath aloud:           "I swear (or affirm) that I will objectively work to be sure   to accept and count every eligible voter who provides the required   identification number and whose signature accompanying the ballot   appears to be that of the voter or the voter's witness.   I   understand it is my duty to verify the voter's signature on the   ballot carrier envelope even when rebuttably presumed to be the   voter due to matching personal identification information.   I will   not work alone when ballots are present and will work only in the   presence of a member of a political party different from my own.   I   will faithfully perform my duties as an officer of the election and   guard the purity of the election."           (b)     A member of the signature verification committee who   arrives after the oath is made shall repeat the oath aloud before   performing any duties as a member.           (c)     Following administration of the oath, each member of the   signature verification committee shall be issued a form of   identification, prescribed by the secretary of state, to be   displayed by the member during the member's hours of service on the   board.          SECTION 6.  Section 87.128(c), Election Code, is amended to   read as follows:          (c)  Each member who takes notes under this section shall   sign and date the notes and deliver them to the presiding judge or   committee chair, as applicable, for delivery to the custodian of   election records.   A member may request and receive a copy of their   notes at the time of delivery.          SECTION 7.  Section 101.105, Election Code, is amended to   read as follows:          Sec. 101.105.  BALLOTING MATERIALS TO BE SENT BY   E-MAIL.  Balloting materials to be sent by e-mail under this   subchapter 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:                      (A)  how to print a return envelope from the   federal Voting Assistance Program website; and                      (B)  how to create a carrier envelope if not using   an official [ or ] signature sheet for the ballot; [ and ]                (4)  a list of certified write-in candidates, if   applicable ; and                 (5)  an official signature sheet .          SECTION 8.  The changes in law made by this Act apply only to   an election ordered on or afte [Text truncated for display. 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