Bill Text: TX HB36 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to ballots voted by mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-23 - Referred to Constitutional Rights & Remedies [HB36 Detail]
Download: Texas-2021-HB36-Introduced.html
By: Noble | H.B. No. 36 |
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relating to ballots voted by mail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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 from the voter's | ||
application for voter registration. | ||
SECTION 2. Subchapter C, Chapter 87, Election Code, is | ||
amended by adding Section 87.0405 to read as follows: | ||
Sec. 87.0405. REVIEW OF APPLICATION FOR BALLOT TO BE VOTED | ||
BY MAIL. Before reviewing a carrier envelope certificate, the | ||
early voting ballot board shall review each application for a | ||
ballot to be voted by mail that correlates with the carrier envelope | ||
to determine if the signature on the ballot application was | ||
executed by a person other than the voter, unless the application | ||
was signed by a witness. The early voting clerk shall make | ||
available for review signatures for each applicant for a ballot to | ||
be voted by mail from the previous six years. | ||
SECTION 3. 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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early voting clerk may electronically record applications for a | ||
ballot to be voted by mail, jacket envelopes, the front and back of | ||
carrier envelopes, and ballots. | ||
(b) 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 December 31, 2021. | ||
(c) 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 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. |