89R13834 LRM-F
 
  By: Paul H.B. No. 3774
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the operation of a signature verification committee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 86.011(d), Election Code, is amended to
  read as follows:
         (d)  Notwithstanding any other provisions of this code, if
  the clerk receives a timely carrier envelope that does not fully
  comply with the applicable requirements prescribed by this title,
  [the clerk may deliver the carrier envelope in person or by mail to
  the voter and may receive, before the deadline, the corrected
  carrier envelope from the voter, or] the clerk may notify the voter
  of the defect by telephone or e-mail and advise the voter that the
  voter may come to the clerk's office in person to correct the
  defect, [or] cancel the voter's application to vote by mail and vote
  on election day, or cure the defect as instructed on a corrective
  action form and return the form by mail.  If the procedures
  authorized by this subsection are used, they must be applied
  uniformly to all carrier envelopes covered by this subsection.  A
  poll watcher is entitled to observe the procedures under this
  subsection.  The secretary of state may prescribe any other
  procedures necessary to implement this subsection including
  requirements for posting notice of any deliveries.
         SECTION 2.  Section 87.0271(a), Election Code, is amended to
  read as follows:
         (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 or
  signature sheet, as applicable, is that of the voter;
               (3)  [missing any required statement of residence;
               [(4)]  missing information or a required signature
  sheet [containing incorrect information required under Section
  84.002(a)(1-a) or Section 86.002]; or
               (4) [(5)]  containing incomplete information with
  respect to a witness.
         SECTION 3.  Sections 87.0222(a) and (a-1), Election Code,
  are amended to read as follows:
         (a)  Except as provided by Subsection (a-1), not later than
  the 11th [ninth] day before election day, the jacket envelopes
  containing early voting ballots voted by mail shall be delivered to
  the board.
         (a-1)  Any jacket envelopes of early voting ballots voted by
  mail returned after delivery of the ballots under Subsection (a)
  may be delivered to the presiding judge of the early voting ballot
  board between the end of the 11th [ninth] day before election day
  and the closing of the polls on election day, or as soon after
  closing as practicable, at the time or times specified by the
  presiding judge.
         SECTION 4.  Section 87.027, Election Code, is amended by
  amending Subsections (a-1), (c), (d), (f), and (i) and adding
  Subsections (e-1), (f-1), and (i-1) to read as follows:
         (a-1)  A signature verification committee shall be appointed
  in the general election for state and county officers on submission
  to the early voting clerk of a written request for the committee by
  at least 15 registered voters of the county.  The secretary of state
  shall prescribe the form for a request submitted under this
  subsection. The request must be submitted not later than the
  preceding October 1, and a request submitted by mail is considered
  to be submitted at the time of its receipt by the clerk.
         (c)  Not later than the fifth day after the date the early
  voting clerk issues the order calling for the appointment of a
  signature verification committee, or not later than October 15 for
  a committee required under Subsection (a-1), the appropriate
  authority shall appoint the members of the committee and designate
  one of the appointees as chair, subject to Subsection (d). The
  authority shall fill a vacancy on the committee by appointment as
  soon as possible after the vacancy occurs, subject to Subsection
  (d). The early voting clerk shall post notice of the name [and
  residence address] of each appointee. The notice must remain
  posted continuously for the period beginning the day after the date
  of the appointment and ending on the last day of the committee's
  operation in the election.
         (d)  The early voting clerk shall determine an odd [the]
  number of members who are to compose the signature verification
  committee and shall state that number in the order calling for the
  committee's appointment.  A committee must consist of not fewer
  than five members.  In an election in which party alignment is
  indicated on the ballot, each county chair of a political party with
  a nominee or aligned candidate on the ballot shall submit to the
  appointing authority a list of names of persons eligible to serve on
  the signature verification committee in order of the county chair's
  preference.  The authority shall appoint at least two persons from
  each list in the order of preference indicated on each list to serve
  as members of the committee.  The same number of members must be
  appointed from each list.  The authority shall appoint as chair of
  the committee the highest-ranked person on the list provided by the
  political party whose nominee for governor received the most votes
  in the county in the most recent gubernatorial general election.  
  The authority shall appoint as vice chair of the committee the
  highest-ranked person on the list provided by the political party
  whose nominee for governor received the second most votes in the
  county in the most recent gubernatorial general election.  The vice
  chair shall be counted as a member unless the chair is not present.  
  If the chair is not present, the vice chair acts as the chair until
  the chair returns or a replacement is provided by the chair's
  political party. A vacancy of any position on the committee shall
  be filled by appointment from the original list or from a new list
  submitted by the appropriate county chair.
         (e-1)  A person may not serve on a signature verification
  committee and an early voting ballot board in the same election.
         (f)  The early voting clerk shall determine the place, day or
  days, and hours of operation of the signature verification
  committee and shall state that information in the order calling for
  the committee's appointment. A committee may not begin operating
  before the 20th day before election day and must convene not later
  than the 12th day before election day.
         (f-1)  After the day the signature verification committee
  begins operating, the early voting clerk may no longer send a voter
  a notice of a defect and corrective action form under Section
  86.011(d).  The early voting clerk may, with instruction from the
  committee chair, send a voter a notice of defect and corrective
  action form under Section 87.0271 on behalf of the committee.
         (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 may also compare the signatures with 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, with the
  chair only voting to resolve a tie.  Both political parties must be
  equally represented during the majority vote.  If an unequal number
  of members are present, it must be decided at the beginning of the
  meeting which member shall abstain from participating so that an
  equal number of members from both parties are voting.  The committee
  shall place the jacket envelopes, unopened 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.
         (i-1)  The signature verification committee may only open a
  carrier envelope if the carrier envelope is attached to a federal
  postcard application for the purpose of reviewing a signature
  sheet.
         SECTION 5.  Subchapter B, Chapter 87, Election Code, is
  amended by adding Section 87.0273 to read as follows:
         Sec. 87.0273.  SIGNATURE VERIFICATION COMMITTEE MEMBERS;
  OATH AND IDENTIFICATION.  (a) A member of the signature
  verification committee shall repeat the following oath aloud:
         "I swear (or affirm) that I will objectively work to be sure
  to accept and count every eligible voter who provides the required
  identification number and whose signature accompanying the ballot
  appears to be that of the voter or the voter's witness.  I
  understand it is my duty to verify the voter's signature on the
  ballot carrier envelope even when rebuttably presumed to be the
  voter due to matching personal identification information.  I will
  not work alone when ballots are present and will work only in the
  presence of a member of a political party different from my own.  I
  will faithfully perform my duties as an officer of the election and
  guard the purity of the election."
         (b)  A member of the signature verification committee who
  arrives after the oath is made shall repeat the oath aloud before
  performing any duties as a member.
         (c)  Following administration of the oath, each member of the
  signature verification committee shall be issued a form of
  identification, prescribed by the secretary of state, to be
  displayed by the member during the member's hours of service on the
  board.
         SECTION 6.  Section 87.128(c), Election Code, is amended to
  read as follows:
         (c)  Each member who takes notes under this section shall
  sign and date the notes and deliver them to the presiding judge or
  committee chair, as applicable, for delivery to the custodian of
  election records.  A member may request and receive a copy of their
  notes at the time of delivery.
         SECTION 7.  Section 101.105, Election Code, is amended to
  read as follows:
         Sec. 101.105.  BALLOTING MATERIALS TO BE SENT BY
  E-MAIL.  Balloting materials to be sent by e-mail under this
  subchapter 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:
                     (A)  how to print a return envelope from the
  federal Voting Assistance Program website; and
                     (B)  how to create a carrier envelope if not using
  an official [or] signature sheet for the ballot; [and]
               (4)  a list of certified write-in candidates, if
  applicable; and
               (5)  an official signature sheet.
         SECTION 8.  The changes in law made by this Act apply only to
  an election ordered on or after the effective date of this Act.
         SECTION 9.  This Act takes effect September 1, 2025.