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