HB4898 - Relating to early voting ballots voted by mail.

  89R15695 JDK-F     By: Bucy H.B. No. 4898       A BILL TO BE ENTITLED   AN ACT   relating to early voting ballots voted by mail.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 64.0322(b), Election Code, is amended to   read as follows:          (b)  The secretary of state shall prescribe the form required   by this section.  The form must be incorporated into the official   carrier envelope or signature sheet contained in the official   carrier envelope if the voter is voting an early voting ballot by   mail and receives assistance under Section 86.010, or must be   submitted to an election officer at the time the voter casts a   ballot if the voter is voting at a polling place or under Section   64.009.          SECTION 2.  Sections 86.002(b) and (g), Election Code, are   amended to read as follows:          (b)  Before providing the balloting materials to the voter,   the clerk shall enter on the signature sheet contained in the   carrier envelope the identity and date of the election.          (g)  The signature sheet contained in the carrier envelope   must include a space [ that is hidden from view when the envelope is   sealed ] for the voter to enter the following information:                (1)  the number of the voter's driver's license,   election identification certificate, or personal identification   card issued by the Department of Public Safety;                (2)  if the voter has not been issued a number described   by Subdivision (1), the last four digits of the voter's social   security number; or                (3)  a statement by the applicant that the applicant   has not been issued a number described by Subdivision (1) or (2).          SECTION 3.  Section 86.005(c), Election Code, is amended to   read as follows:          (c)  After marking the ballot, the voter must place it in the   official ballot envelope and then seal the ballot envelope, place   the ballot envelope in the official carrier envelope , [ and then   seal the carrier envelope, and ] sign the certificate on the   signature sheet [ carrier envelope ] using ink on paper , place the   completed signature sheet in the official carrier envelope, and   then seal the carrier envelope .  An electronic signature or   photocopied signature is not permitted.          SECTION 4.  Sections 86.0051(a) and (b), Election Code, are   amended to read as follows:          (a)  A person commits an offense if the person acts as a   witness for a voter in signing the certificate on the signature   sheet contained in the carrier envelope and knowingly fails to   comply with Section 1.011.          (b)  A person other than the voter who assists a voter by   depositing the carrier envelope in the mail or with a common or   contract carrier or who obtains the carrier envelope for that   purpose must provide the person's signature, printed name, and   residence address on the signature sheet contained in the carrier   [ reverse side of the ] envelope.  The person must sign the envelope   using ink on paper.  An electronic signature or photocopied   signature is not permitted.          SECTION 5.  Sections 86.010(c) and (e), Election Code, are   amended to read as follows:          (c)  The person assisting the voter must sign a written oath   prescribed by Section 64.034 that is part of the certificate on the   signature sheet contained in the official carrier envelope.          (e)  A person who assists a voter to prepare a ballot to be   voted by mail shall enter on the signature sheet contained in the   official carrier envelope of the voter:                (1)  the person's signature, printed name, and   residence address;                (2)  the relationship of the person providing the   assistance to the voter; and                (3)  whether the person received or accepted any form   of compensation or other benefit from a candidate, campaign, or   political committee in exchange for providing assistance.          SECTION 6.  Section 86.013, Election Code, is amended by   amending Subsections (b), (c), (d), (e), (f), and (g) and adding   Subsection (h) to read as follows:          (b)  Spaces must appear on the signature sheet contained in   [ reverse side of ] the official carrier envelope for:                (1)  indicating the identity and date of the election;                (2)  entering the signature, printed name, and   residence address of a person other than the voter who deposits the   carrier envelope in the mail or with a common or contract carrier;   and                (3)  indicating the relationship of that person to the   voter.          (c)  A certificate in substantially the following form must   be printed on the signature sheet contained in [ the reverse side of ]   the official carrier envelope [ in a manner that requires the voter   to sign across the flap of the envelope ]:          "I certify that the enclosed ballot expresses my wishes   independent of any dictation or undue persuasion by any person.                                        ________________________________                                        Signature of voter                                        By: ____________________________                                        Signature of person assisting                                        voter, if applicable (see Ballot                                        Envelope for restrictions and                                        penalties)                                        _______________________________                                        Printed name of person assisting                                        voter, if applicable                                        _______________________________                                        Residence address of person                                        assisting voter, if applicable"          (d)  The following textual material, as prescribed by the   secretary of state, must be printed on the signature sheet   contained in [ reverse side of ] the official carrier envelope [ or on   a separate sheet accompanying the carrier envelope ] when it is   provided:                (1)  the prohibition prescribed by Section 86.006(b);                (2)  the conditions for delivery by common or contract   carrier prescribed by Sections 81.005 and 86.006;                (3)  the requirements for the legal execution of   balloting materials  and the  delivery of the carrier envelope,   including the prohibition on compensation for depositing carrier   envelopes containing ballots voted by other persons under Section   86.0052;                (4)  the prohibition prescribed by Section 86.006(e);   and                (5)  the offenses prescribed by Sections 86.006(f) and   86.010(f).          (e)  The following notice must be printed on the signature   sheet contained in [ reverse side of ] the official carrier envelope,   near the space provided for the voter's signature:  "This envelope   must be sealed by the voter before it leaves the voter's hands.  Do   not sign this [ envelope ] unless the ballot has been marked by you or   at your direction."          (f)  The oath of a person assisting a voter must be included   on the signature sheet contained in the official carrier envelope   as part of the certificate prescribed by Subsection (c).          (g)  The secretary of state by rule shall require that a   notice informing voters of the telephone number established under   Section 31.0055 and the purpose of the telephone number be printed   on the signature sheet [ :                [ (1)  the official carrier envelope; or                [ (2)  an insert ] enclosed with the balloting materials   for voting by mail sent to the voter.           (h)     The secretary of state shall prescribe the form and   content of the signature sheet that satisfies requirements of this   code.          SECTION 7.  Section 86.014(b), Election Code, is amended to   read as follows:          (b)  Originals of the applications , [ and ] carrier envelopes ,   and signature sheets are not available for public inspection until   those materials are delivered to the general custodian of election   records after the election.          SECTION 8.  Section 87.027(i), Election Code, is amended to   read as follows:          (i)  The signature verification committee shall open each   voter's carrier envelope and compare the signature on the  [ each   carrier envelope ] certificate on each voter's signature sheet ,   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. After the committee completes its review,   the committee shall place the voter's signature sheet back in its   original carrier envelope, seal the carrier env [Text truncated for display. Full text available on Congress.gov.]