Bill Text: TX HB3449 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to ballots voted by mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB3449 Detail]
Download: Texas-2023-HB3449-Introduced.html
Bill Title: Relating to ballots voted by mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-05-11 - Placed on General State Calendar [HB3449 Detail]
Download: Texas-2023-HB3449-Introduced.html
88R13336 MPF-F | ||
By: Noble | H.B. No. 3449 |
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relating to ballots voted by mail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 84, Election Code, is | ||
amended by adding Section 84.0105 to read as follows: | ||
Sec. 84.0105. PRESERVATION OF SIGNATURE. For a period of at | ||
least six years, the general custodian of election records shall | ||
preserve an image of the voter's signature on the carrier envelope | ||
and early voting ballot application. | ||
SECTION 2. Section 87.021, Election Code, is amended to | ||
read as follows: | ||
Sec. 87.021. BALLOTS AND OTHER MATERIALS DELIVERED TO | ||
BOARD. The early voting clerk shall deliver to the early voting | ||
ballot board: | ||
(1) in an election in which regular paper ballots are | ||
used for early voting by personal appearance, each ballot box, in | ||
accordance with Section 85.032(b), containing the early voting | ||
ballots voted by personal appearance and the clerk's key to each | ||
box; | ||
(2) the jacket envelopes containing the early voting | ||
ballots voted by mail, regardless of the ballot type or voting | ||
system used; | ||
(3) the poll lists prepared in connection with early | ||
voting by personal appearance; | ||
(4) the list of registered voters used in conducting | ||
early voting; [ |
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(5) a ballot transmittal form that includes a | ||
statement of the number of early voting ballots voted by mail, | ||
regardless of the ballot type or voting system used, that are | ||
delivered to the early voting ballot board, and in an election in | ||
which regular paper ballots are used for early voting by personal | ||
appearance, the number of names appearing on the poll lists | ||
prepared in connection with early voting by personal appearance; | ||
(6) copies of the applications for ballots to be voted | ||
by mail for each ballot voted by mail received; and | ||
(7) copies of the voter's signature in the possession | ||
of the county clerk or voter registrar from at least the previous | ||
six years. | ||
SECTION 3. Sections 87.027(h) and (i), Election Code, are | ||
amended to read as follows: | ||
(h) If a signature verification committee is appointed for | ||
the election, the early voting clerk shall deliver the jacket | ||
envelopes containing the early voting ballots voted by mail, the | ||
copies of the applications for ballots to be voted by mail, and the | ||
copies of the voter's signature in the possession of the county | ||
clerk or voter registrar from at least the previous six years to the | ||
committee instead of to the early voting ballot board. Deliveries | ||
may be made only during the period of the committee's operation at | ||
times scheduled in advance of delivery by the early voting clerk. | ||
The clerk shall post notice of the time of each delivery. The | ||
notice must remain posted continuously for at least two days before | ||
the date of the delivery. | ||
(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 | ||
voter. The committee shall [ |
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any known signature of the voter on file with the county clerk or | ||
voter registrar to determine whether the signatures are those of | ||
the voter. Except as provided by Subsection (l), a determination | ||
under this subsection that the signatures are not those of the voter | ||
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 voter | ||
in separate containers from those of voters whose signatures are | ||
those of the voter. 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 4. Section 87.041, Election Code, is amended by | ||
adding Subsection (b-1) and amending Subsection (e) to read as | ||
follows: | ||
(b-1) If a signature verification committee is not | ||
appointed under Section 87.027, the board must make a determination | ||
as to whether the signatures are those of the voter under Subsection | ||
(b)(2). | ||
(e) In making the determination under Subsection (b)(2), to | ||
determine whether the signatures are those of the voter, the board | ||
shall: | ||
(1) compare the signature on each carrier envelope, | ||
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 voter; and | ||
(2) [ |
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signature of the voter on file with the county clerk or voter | ||
registrar. | ||
SECTION 5. The heading to Section 87.126, Election Code, is | ||
amended to read as follows: | ||
Sec. 87.126. ELECTRONIC RECORDING OF CERTAIN [ |
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MATERIALS USED IN EARLY VOTING BY MAIL [ |
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SECTION 6. Section 87.126, Election Code, is amended by | ||
adding Subsection (a-2) and amending Subsection (b) to read as | ||
follows: | ||
(a-2) The early voting clerk shall have software available | ||
to display all electronically available signatures together. The | ||
software must be made available for the first election following an | ||
update of the software the early voting clerk uses under this | ||
section that occurs after September 1, 2023. | ||
(b) The secretary of state may adopt rules providing | ||
requirements for the electronic image quality and storage of the | ||
electronic images of the documents described by this section | ||
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SECTION 7. Section 87.041(d-1), Election Code, is repealed. | ||
SECTION 8. This Act takes effect September 1, 2023. |