Bill Text: TX HB21 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the requirement that a ballot to be voted by mail be canceled and returned before voting in person.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-23 - Referred to Constitutional Rights & Remedies [HB21 Detail]
Download: Texas-2021-HB21-Introduced.html
| By: Noble | H.B. No. 21 | |
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| relating to the requirement that a ballot to be voted by mail be | ||
| canceled and returned before voting in person. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 84.031, Election Code, is amended by | ||
| amending Subsection (b) and adding Subsection (c) to read as | ||
| follows: | ||
| (b) A person whose application is canceled by returning the | ||
| person's ballot in accordance with Section 84.032, if otherwise | ||
| eligible, may vote in the same manner as if the application had not | ||
| been submitted. | ||
| (c) A person whose application is canceled in any other | ||
| manner may cast a provisional ballot under Section 63.011. | ||
| SECTION 2. Section 84.032, Election Code, is amended by | ||
| adding Subsections (g), (h), and (i) to read as follows: | ||
| (g) The early voting clerk shall deliver each request for | ||
| cancellation to the early voting ballot board to ensure a canceled | ||
| ballot is not counted. | ||
| (h) The early voting clerk and presiding election judge | ||
| shall keep a log of each ballot returned and shall provide a copy of | ||
| the log to the early voting ballot board to ensure that the canceled | ||
| ballot is not counted in the election. Returned ballots must be | ||
| kept in a secure container with a chain of custody maintained by the | ||
| early voting clerk. | ||
| (i) The log under Subsection (h) shall include for each | ||
| entry: | ||
| (1) the voter's name; | ||
| (2) an identification number unique to the voter; | ||
| (3) the voter's signature; and | ||
| (4) the date and time the application was returned. | ||
| SECTION 3. Section 84.033, Election Code, is amended by | ||
| adding Subsection (e) to read as follows: | ||
| (e) The election officer shall electronically submit a | ||
| record to the secretary of state of each application canceled in a | ||
| primary, a runoff primary, a general election, or any special | ||
| election ordered by the governor on the day the application is | ||
| canceled. | ||
| SECTION 4. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect on the 91st day after the last day of the | ||
| legislative session. | ||
