HB4964 - Relating to eligibility requirements for early voting by mail.

  89R14382 AB-D     By: Schatzline H.B. No. 4964       A BILL TO BE ENTITLED   AN ACT   relating to eligibility requirements for early voting by mail.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 13.002(e), Election Code, is amended to   read as follows:          (e)  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 2.  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;                [ (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); ]                 (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                 (4)  [ (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 3.  Section 84.0021(a), Election Code, is amended to   read as follows:          (a)  An early voting ballot application submitted by a   qualified voter certified for participation in the address   confidentiality program administered by the attorney general under   Subchapter B, Chapter 58, Code of Criminal Procedure, who is   eligible for early voting by mail [ under Section 82.007 ] must   include:                (1)  the applicant's name and address at which the   applicant is registered to vote;                (2)  the substitute post office box address designated   by the attorney general under Article 58.052(b), Code of Criminal   Procedure, for use by the voter in place of the voter's true   residential, business, or school address; and                (3)  an indication of each election for which the   applicant is applying for a ballot.          SECTION 4.  Sections 84.011(a) and (c), Election Code, are   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 the date   on or after which the applicant can receive mail at the address   outside the county;                      [ (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;                       (B)  [ (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;                       (C)  [ (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;                       (D)  [ (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;                       (E)  [ (G) ]  spaces for entering the signature,   printed name, and residence address of any person assisting the   applicant;                       (F)  [ (H) ]  a statement informing the applicant of   the condition prescribed by Section 81.005; and                       (G)  [ (I) ]  a statement informing the applicant of   the requirement prescribed by Section 86.003(c).          (c)  The secretary of state shall make the statement   prescribed by Subsection (a)(4)(B)(ii) [ (a)(4)(C)(ii) ] available   on the secretary's Internet website.          SECTION 5.  Section 86.003(c), Election Code, is amended to   read as follows:          (c)  The address to which the balloting materials must be   addressed is the address at which the voter is registered to vote,   or the registered mailing address if different, unless the ground   for voting by mail is[ :                [ (1)     absence from the county of residence, in which   case the address must be an address outside the voter's county of   residence;                [ (2)     confinement in jail, in which case the address   must be the address of the jail or of a relative described by   Section 84.002(a)(4);                [ (3) ]  age [ or disability ] and the voter is living at a   hospital, nursing home or other long-term care facility, or   retirement center, or with a relative described by Section   84.002(a)(3), in which case the address must be the address of that   facility or relative[ ; or                [ (4)     involuntary civil commitment, in which case the   address must be the address of the facility or of a relative   described by Section 84.002(a)(7) ].          SECTION 6.  Section 102.001(a), Election Code, is amended to   read as follows:          (a)  A qualified voter is eligible to vote a late ballot as   provided by this chapter if the voter has a sickness or physical   condition that prevents the voter from appearing at the polling   place on election day [ described by Section 82.002 ] that originates   on or after the [ day before the ] last day for early voting by   personal appearance [ submitting an application for a ballot to be   voted by mail ].          SECTION 7.  (a) Sections 82.001, 82.002, 82.004, 82.007, and   82.008, Election Code, are repealed.          (b)  Sections 84.002(b) and (c), Election Code, are   repealed.          SECTION 8.  The changes in law made by this Act apply only to   an application to vote an early voting ballot by mail submitted for   an election ordered on or after the effective date of this Act.  An   application to vote an early voting ballot by mail submitted for an   election ordered before the effective date of this Act is governed   by the law in effect when the application was submitted, and the   former law is continued in effect for that purpose.          SECTION 9.  This Act takes effect September 1, 2025.