Bill Text: TX HB235 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to the electronic transmission of a ballot to a voter voting early by mail on the ground of absence from the county of residence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-12 - Filed [HB235 Detail]
Download: Texas-2021-HB235-Introduced.html
| 87S10118 SGM-D | ||
| By: Bucy | H.B. No. 235 | |
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| relating to the electronic transmission of a ballot to a voter | ||
| voting early by mail on the ground of absence from the county of | ||
| residence. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 84.002(a), Election Code, as effective | ||
| September 1, 2021, 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; | ||
| (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 or an e-mail address for the applicant to which the | ||
| ballot is sent by electronic transmission; | ||
| (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); | ||
| (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; | ||
| (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 2. Section 84.011(a), Election Code, as effective | ||
| September 1, 2021, 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; 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: | ||
| (i) indicate the date on or after which the | ||
| applicant can receive mail at the address outside the county; or | ||
| (ii) indicate that the applicant wishes to | ||
| receive the balloting materials by electronic transmission and | ||
| provide an e-mail address; | ||
| (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 a statement informing the applicant that failure to | ||
| furnish that information does not invalidate the application; | ||
| (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; | ||
| (H) a statement informing the applicant of the | ||
| condition prescribed by Section 81.005; and | ||
| (I) a statement informing the applicant of the | ||
| requirement prescribed by Section 86.003(c). | ||
| SECTION 3. Section 86.003(a), Election Code, is amended to | ||
| read as follows: | ||
| (a) Except as provided by Section 86.0031, the [ |
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| balloting materials for voting by mail shall be provided to the | ||
| voter by mail. A ballot provided by any other method may not be | ||
| counted. | ||
| SECTION 4. Chapter 86, Election Code, is amended by adding | ||
| Section 86.0031 to read as follows: | ||
| Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING | ||
| BALLOT. (a) A voter voting by mail based on the ground of absence | ||
| from the county of residence may elect to receive the balloting | ||
| materials by electronic transmission on the voter's application for | ||
| an early voting ballot to be voted by mail. | ||
| (b) Balloting materials to be sent by electronic | ||
| transmission under this section include: | ||
| (1) the appropriate ballot; | ||
| (2) ballot instructions, including instructions that | ||
| inform a voter that the ballot must be returned by mail to be | ||
| counted; | ||
| (3) instructions prescribed by the secretary of state | ||
| on how to create a ballot envelope and carrier envelope or signature | ||
| sheet for the ballot; and | ||
| (4) a list of certified write-in candidates, if | ||
| applicable. | ||
| (c) The balloting materials may be provided by e-mail to the | ||
| voter: | ||
| (1) in a portable document format or similar file type | ||
| or through a scanned format; or | ||
| (2) by any other method of electronic transmission | ||
| authorized by the secretary of state in writing. | ||
| (d) An e-mail address used under this section to request | ||
| balloting materials is confidential and does not constitute public | ||
| information for purposes of Chapter 552, Government Code. An early | ||
| voting clerk shall ensure that a voter's e-mail address provided | ||
| under this section is excluded from public disclosure. | ||
| (e) The secretary of state shall prescribe procedures to | ||
| implement this section. | ||
| SECTION 5. Section 86.006, Election Code, is amended by | ||
| amending Subsection (a) and adding Subsection (a-2) to read as | ||
| follows: | ||
| (a) Except as provided by Subsection (a-2), a [ |
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| ballot voted under this chapter must be returned to the early voting | ||
| clerk in the official carrier envelope. The carrier envelope may be | ||
| delivered in another envelope and must be transported and delivered | ||
| only by: | ||
| (1) mail; | ||
| (2) common or contract carrier; or | ||
| (3) subject to Subsection (a-1), in-person delivery by | ||
| the voter who voted the ballot. | ||
| (a-2) A marked ballot received through electronic | ||
| transmission as provided by Section 86.0031 shall be returned to | ||
| the early voting clerk by mail or common or contract carrier through | ||
| the procedures prescribed by the secretary of state. | ||
| SECTION 6. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
