Bill Text: TX HB1595 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to an early voting ballot voted by mail.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2017-05-26 - Returned from the House for further action [HB1595 Detail]
Download: Texas-2017-HB1595-Comm_Sub.html
By: Bohac (Senate Sponsor - Bettencourt) | H.B. No. 1595 | |
(In the Senate - Received from the House May 10, 2017; | ||
May 10, 2017, read first time and referred to Committee on State | ||
Affairs; May 19, 2017, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 9, Nays 0; | ||
May 19, 2017, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 1595 | By: Huffman |
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relating to an early voting ballot voted by mail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 84.011, Election Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) In addition to the requirements imposed by Subsection | ||
(a), the officially prescribed application form for an early voting | ||
ballot must include a space for the voter to provide a change of | ||
residence address within the county, if applicable. | ||
SECTION 2. Section 84.032(c), Election Code, is amended to | ||
read as follows: | ||
(c) An applicant may submit a request after the close of | ||
early voting by personal appearance by appearing in person and: | ||
(1) returning the ballot to be voted by mail to the | ||
early voting clerk; or | ||
(2) executing an affidavit that the applicant: | ||
(A) has not received the ballot to be voted by | ||
mail; or | ||
(B) received notice of a defect under Section | ||
87.0271(b) or 87.0411(b). | ||
SECTION 3. Section 86.001, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) If the application includes a change of address within | ||
the county, the early voting clerk shall notify the voter registrar | ||
of the change and the registrar shall update the voter's | ||
registration accordingly. | ||
SECTION 4. Section 86.002, Election Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a), the clerk is not | ||
required to provide a form for a statement of residence to a voter | ||
who indicated a change of address within the county on the voter's | ||
application for an early voting ballot to be voted by mail. | ||
SECTION 5. Section 86.004(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Subsection (b), the balloting | ||
materials for voting by mail shall be mailed to a voter entitled to | ||
vote by mail not later than the seventh calendar day after the later | ||
of the date the clerk accepts the voter's application for a ballot | ||
to be voted by mail or the date the ballots become available for | ||
mailing, except that if that mailing date is earlier than the 45th | ||
day before election day, the balloting materials shall be mailed | ||
not later than the 30th [ |
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SECTION 6. Section 87.027(i), Election Code, is amended to | ||
read as follows: | ||
(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 | ||
same person. The committee may also compare the signatures with | ||
any two or more signatures of the voter made within the preceding | ||
six years and on file with the general custodian of election records | ||
or voter registrar [ |
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person and may [ |
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those of the same person. Except as provided by Subsection (l), a | ||
determination under this subsection that the signatures are not | ||
those of the same person must be made by a majority vote of the | ||
committee's membership. The committee shall place the jacket | ||
envelopes, carrier envelopes, and applications of voters whose | ||
signatures are not those of the same person in separate containers | ||
from those of voters whose signatures are those of the same | ||
person. The committee chair shall deliver the sorted materials to | ||
the early voting ballot board at the time specified by the board's | ||
presiding judge. | ||
SECTION 7. Subchapter B, Chapter 87, Election Code, is | ||
amended by adding Section 87.0271 to read as follows: | ||
Sec. 87.0271. OPPORTUNITY TO CORRECT DEFECT: SIGNATURE | ||
VERIFICATION COMMITTEE. (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 is that | ||
of the voter; | ||
(3) missing any required statement of residence; or | ||
(4) containing incomplete information with respect to | ||
a witness. | ||
(b) Before deciding whether to accept or reject a timely | ||
delivered ballot under Section 87.027, the signature verification | ||
committee may: | ||
(1) return the carrier envelope to the voter by mail, | ||
if the signature verification committee determines that it would be | ||
possible to correct the defect and return the carrier envelope | ||
before the time the polls are required to close on election day; or | ||
(2) notify the voter of the defect by telephone or | ||
e-mail and inform the voter that the voter may come to the early | ||
voting clerk's office in person to: | ||
(A) correct the defect; or | ||
(B) request to have the voter's application to | ||
vote by mail canceled under Section 84.032. | ||
(c) If the signature verification committee takes an action | ||
described by Subsection (b), the committee must take either action | ||
described by that subsection with respect to each ballot in the | ||
election to which this section applies. | ||
(d) A poll watcher is entitled to observe an action taken | ||
under Subsection (b). | ||
(e) The secretary of state may prescribe any procedures | ||
necessary to implement this section. | ||
SECTION 8. Section 87.041(e), Election Code, is amended to | ||
read as follows: | ||
(e) In making the determination under Subsection (b)(2), | ||
the board may also compare the signatures with any two or more | ||
signatures of the voter made within the preceding six years and on | ||
file with the general custodian of election records or voter | ||
registrar to determine if [ |
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of the same person [ |
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SECTION 9. Subchapter C, Chapter 87, Election Code, is | ||
amended by adding Section 87.0411 to read as follows: | ||
Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING | ||
BALLOT BOARD. (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 is that | ||
of the voter; | ||
(3) missing any required statement of residence; or | ||
(4) containing incomplete information with respect to | ||
a witness. | ||
(b) Before deciding whether to accept or reject a timely | ||
delivered ballot under Section 87.041, the early voting ballot | ||
board may: | ||
(1) return the carrier envelope to the voter by mail, | ||
if the early voting ballot board determines that it would be | ||
possible to correct the defect and return the carrier envelope | ||
before the time the polls are required to close on election day; or | ||
(2) notify the voter of the defect by telephone or | ||
e-mail and inform the voter that the voter may come to the early | ||
voting clerk's office in person to: | ||
(A) correct the defect; or | ||
(B) request to have the voter's application to | ||
vote by mail canceled under Section 84.032. | ||
(c) If the early voting ballot board takes an action | ||
described by Subsection (b), the board must take either action | ||
described by that subsection with respect to each ballot in the | ||
election to which this section applies. | ||
(d) A poll watcher is entitled to observe an action taken | ||
under Subsection (b). | ||
(e) The secretary of state may prescribe any procedures | ||
necessary to implement this section. | ||
SECTION 10. This Act takes effect September 1, 2017. | ||
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