HB5351 - Relating to the election for which an application for a ballot to be voted by mail is requested.

  89R12676 AB-D     By: Villalobos H.B. No. 5351       A BILL TO BE ENTITLED   AN ACT   relating to the election for which an application for a ballot to be   voted by mail is requested.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 84.004(a), Election Code, is amended to   read as follows:          (a)  A person commits an offense if[ :                [ (1) ]  the person signs an application for a ballot to   be voted by mail as a witness for more than one applicant in the same   election[ ; or                [ (2)     the person signs an application for annual   ballots by mail as a witness for more than one applicant in the same   calendar year ].          SECTION 2.  Section 84.007(c), Election Code, is amended to   read as follows:          (c)   An [ Except as provided by Section 86.0015(b), an ]   application may be submitted at any time in the year of the election   for which a ballot is requested, but not later than the close of   regular business in the early voting clerk's office or 12 noon,   whichever is later, on the 11th day before election day unless that   day is a Saturday, Sunday, or legal state or national holiday, in   which case the last day is the first preceding regular business day.          SECTION 3.  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 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;                      (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;                      (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;                      (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;                      [ (G) ]  spaces for entering the signature, printed   name, and residence address of any person assisting the applicant;                       (G)  [ (H) ]  a statement informing the applicant of   the condition prescribed by Section 81.005; and                       (H)  [ (I) ]  a statement informing the applicant of   the requirement prescribed by Section 86.003(c).          SECTION 4.  Section 84.038, Election Code, is amended to   read as follows:          Sec. 84.038.  CANCELLATION EFFECTIVE FOR SINGLE ELECTION.     The cancellation of an application for a ballot to be voted by mail   under Section 84.032(c), (d), or (e) is effective for a single   ballot only and does not cancel the application with respect to a   subsequent runoff election[ , including a subsequent election to   which the same application applies under Section 84.001(e) or   86.0015(b) ].          SECTION 5.  Section 86.0015, Election Code, is repealed.          SECTION 6.  The change in law made by this Act in amending   Section 84.004(a), Election Code, applies only to an offense   committed on or after the effective date of this Act.  An offense   committed before the effective date of this Act is governed by the   law in effect on the date the offense was committed, and the former   law is continued in effect for that purpose.  For purposes of this   section, an offense was committed before the effective date of this   Act if any element of the offense occurred before that date.          SECTION 7.  This Act applies only to an application for a   ballot voted by mail submitted on or after January 1, 2026.          SECTION 8.  This Act takes effect January 1, 2026.