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A BILL TO BE ENTITLED
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AN ACT
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relating to an early voting ballot voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.011, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) In addition to the requirements imposed by Subsection |
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(a), the officially prescribed application form for an early voting |
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ballot must include a space for the voter to provide a change of |
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residence address within the county, if applicable. |
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SECTION 2. Section 84.032(c), Election Code, is amended to |
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read as follows: |
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(c) An applicant may submit a request after the close of |
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early voting by personal appearance by appearing in person and: |
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(1) returning the ballot to be voted by mail to the |
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early voting clerk; or |
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(2) executing an affidavit that the applicant: |
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(A) has not received the ballot to be voted by |
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mail; [or] |
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(B) never requested a ballot to be voted by mail; |
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or |
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(C) received notice of a defect under Section |
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87.0271(b) or 87.0411(b). |
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SECTION 3. Section 86.001, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) If the application includes a change of address within |
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the county, the early voting clerk shall notify the voter registrar |
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of the change and the registrar shall update the voter's |
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registration accordingly. |
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SECTION 4. Section 86.002, Election Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) Notwithstanding Subsection (a), the clerk is not |
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required to provide a form for a statement of residence to a voter |
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who indicated a change of address within the county on the voter's |
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application for an early voting ballot to be voted by mail. |
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SECTION 5. Subchapter B, Chapter 87, Election Code, is |
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amended by adding Section 87.0271 to read as follows: |
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Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE |
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VERIFICATION COMMITTEE. (a) This section applies to an early |
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voting ballot voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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(b) Before deciding whether to accept or reject a timely |
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delivered ballot under Section 87.027, the signature verification |
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committee may: |
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(1) return the carrier envelope to the voter by mail, |
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if the signature verification committee determines that it would be |
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possible to correct the defect and return the carrier envelope |
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before the time the polls are required to close on election day; or |
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(2) notify the voter of the defect by telephone or |
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e-mail and inform the voter that the voter may come to the early |
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voting clerk's office in person to: |
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(A) correct the defect; or |
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(B) request to have the voter's application to |
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vote by mail canceled under Section 84.032. |
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(c) If the signature verification committee takes an action |
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described by Subsection (b), the committee must take either action |
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described by that subsection with respect to each ballot in the |
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election to which this section applies. |
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(d) A poll watcher is entitled to observe an action taken |
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under Subsection (b). |
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(e) The secretary of state may prescribe any procedures |
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necessary to implement this section. |
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SECTION 6. Subchapter C, Chapter 87, Election Code, is |
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amended by adding Section 87.0411 to read as follows: |
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Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING |
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BALLOT BOARD. (a) This section applies to an early voting ballot |
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voted by mail: |
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(1) for which the voter did not sign the carrier |
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envelope certificate; |
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(2) for which it cannot immediately be determined |
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whether the signature on the carrier envelope certificate is that |
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of the voter; |
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(3) missing any required statement of residence; or |
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(4) containing incomplete information with respect to |
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a witness. |
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(b) Before deciding whether to accept or reject a timely |
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delivered ballot under Section 87.041, the early voting ballot |
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board may: |
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(1) return the carrier envelope to the voter by mail, |
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if the early voting ballot board determines that it would be |
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possible to correct the defect and return the carrier envelope |
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before the time the polls are required to close on election day; or |
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(2) notify the voter of the defect by telephone or |
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e-mail and inform the voter that the voter may come to the early |
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voting clerk's office in person to: |
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(A) correct the defect; or |
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(B) request to have the voter's application to |
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vote by mail canceled under Section 84.032. |
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(c) If the early voting ballot board takes an action |
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described by Subsection (b), the board must take either action |
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described by that subsection with respect to each ballot in the |
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election to which this section applies. |
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(d) A poll watcher is entitled to observe an action taken |
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under Subsection (b). |
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(e) The secretary of state may prescribe any procedures |
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necessary to implement this section. |
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SECTION 7. This Act takes effect September 1, 2021. |