Bill Text: TX HB4560 | 2023-2024 | 88th Legislature | Introduced

---

Bill Title: Relating to ballots voted by mail and the prosecution of the offense of unlawful solicitation and distribution of an application to vote by mail.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-22 - Referred to Elections [HB4560 Detail]

Download: Texas-2023-HB4560-Introduced.html

---

88R14129 TSS-D
By: Bucy H.B. No. 4560

A BILL TO BE ENTITLED
AN ACT
relating to ballots voted by mail and the prosecution of the offense
of unlawful solicitation and distribution of an application to vote
by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 84.002(a), Election Code, 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;
(1-a) one of the following [information]:
(A) the number of the applicant's driver's
license, election identification certificate, or personal
identification card issued by the Department of Public Safety;
(B) [if the applicant has not been issued a
number described by Paragraph (A),] the last four digits of the
applicant's social security number; or
(C) a statement by the applicant that the
applicant has not been issued a number described by Paragraph (A) or
(B);
(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;
(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 of consanguinity
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 86.002(g), Election Code, is amended to
read as follows:
(g) The carrier envelope must include a space that is hidden
from view when the envelope is sealed for the voter to enter any one
of the following [information]:
(1) the number of the voter's driver's license,
election identification certificate, or personal identification
card issued by the Department of Public Safety;
(2) [if the voter has not been issued a number
described by Subdivision (1),] the last four digits of the voter's
social security number; or
(3) a statement by the applicant that the applicant
has not been issued a number described by Subdivision (1) or (2).
SECTION 3. Section 86.008, Election Code, is amended by
amending Subsections (a), (b), and (c) and adding Subsections
(b-1), (b-2), and (b-3) to read as follows:
(a) If on reviewing an application for a ballot to be voted
by mail that was received on or before the deadline provided by
Section 84.007(c) or 86.0015(b-1), as applicable, [18th day before
election day] the early voting clerk determines that the
application does not fully comply with the applicable requirements
prescribed by this title, including the requirements provided by
Section 84.002, the clerk shall deliver the notice required under
Subsection (b), either by mail or in person, to the applicant and
notify the applicant of the defect by at least one of the following
additional methods determined by the clerk to provide sufficient
time before the deadline provided by Section 84.007(c) or
86.0015(b-1) for the applicant to correct the defect:
(1) telephonic facsimile machine;
(2) telephone;
(3) e-mail; or
(4) another method reasonably calculated to reach the
applicant [otherwise deliver an official application form to the
applicant].
(b) The clerk shall include with the notice [application
form mailed or] delivered to the applicant [a written notice
containing]:
(1) a brief explanation of each defect in the
noncomplying application;
(2) a statement informing the voter that the voter is
not entitled to vote an early voting ballot unless the application
complies with all legal requirements; and
(3) instructions for timely submitting:
(A) a [the] second application; or
(B) a corrective action form developed and made
available by the secretary of state under Subsection (b-3).
(b-1) The clerk shall, if possible, permit an applicant to
correct a defect under this section using the online tool described
by Section 86.015.
(b-2) To be considered timely under Subsection (b)(3), a
second application or corrective action form must be submitted to
the clerk by the deadline provided for the submission of
applications by Section 84.007(c) or 86.0015(b-1), as applicable,
either by mail, in person, or using the online tool described by
Section 86.015.
(b-3) The secretary of state shall develop and make
available on the secretary of state's Internet website a corrective
action form that provides information regarding the process of
correcting a defect in an application and that may be completed and
submitted to a clerk under this section to correct a defect.
(c) If an application that does not fully comply with the
applicable requirements prescribed by this title is received after
the deadline provided by Section 84.007(c) or 86.0015(b-1), as
applicable, [12th day before election day] and before the end of the
period for early voting by personal appearance, the clerk shall
mail or otherwise deliver a notice to the voter containing the
information prescribed by Subdivisions (1) and (2) of Subsection
(b), including a statement that the application was late, if
applicable.
SECTION 4. Section 86.011, Election Code, is amended by
amending Subsection (d) and adding Subsections (e) and (f) 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 shall [may] deliver the carrier envelope, either in
person or by mail, and notify the voter of the defect by at least one
of the following methods determined by the clerk to provide
sufficient time before the sixth day after election day for the
voter to correct the defect:
(1) telephonic facsimile machine;
(2) telephone;
(3) e-mail; or
(4) another method reasonably calculated to reach the
voter.
(e) The [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 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, before the sixth day after election day,
deliver a corrected carrier envelope to the clerk by mail or in
person.
(f) 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 5. Section 86.015(c), Election Code, is amended to
read as follows:
(c) An online tool used under this section must:
(1) for each election, record:
(A) each application for a ballot to be voted by
mail received by the clerk; and
(B) each carrier envelope sent to a voter by the
clerk;
(2) for each carrier envelope, record or assign a
serially numbered and sequentially issued barcode or tracking
number that is unique to each envelope;
(3) update the applicable Internet website as soon as
practicable after each of the following events occurs:
(A) receipt by the early voting clerk of the
person's application for a ballot to be voted by mail;
(B) acceptance or rejection by the early voting
clerk of the person's application for a ballot to be voted by mail;
(C) placement in the mail by the early voting
clerk of the person's official ballot;
(D) receipt by the early voting clerk of the
person's marked ballot; and
(E) acceptance or rejection by the early voting
ballot board of a person's marked ballot; and
(4) allow a voter to add information to or correct a
defect in an application for a ballot to be voted by mail, a carrier
envelope, or a ballot to be voted by mail [information required]
under Section 86.008, 86.011(d), 87.0271, or 87.0411 [Section
84.002(a)(1-a) or Section 86.002(g)].
SECTION 6. Section 87.022, Election Code, is amended to
read as follows:
Sec. 87.022. TIME OF DELIVERY: BALLOT TO BE VOTED BY MAIL
[GENERAL RULE]. (a) A jacket envelope containing an early voting
ballot voted by mail [Except as provided by Section 87.0221,
87.0222, 87.023, or 87.024, the materials] shall be delivered to
the early voting ballot board not earlier than the 30th day before
election day and not later than the time the polls are required to
close [under this subchapter during the time the polls are open] on
election day, or as soon after the polls close as practicable, at
the time or times specified by the presiding judge of the board.
This subsection applies to the delivery of jacket envelopes
containing ballots voted by mail regardless of whether the ballots
are to be counted by automatic tabulating equipment.
(b) The early voting clerk shall post at the main early
voting polling place and on the clerk's Internet website notice of
each delivery of materials under this section that is to be made
before the time for opening the polls on election day. The notice
shall be posted continuously for at least 24 hours immediately
preceding the delivery.
(c) At least 24 hours before each delivery, the early voting
clerk shall notify the county chair of each political party having a
nominee on the ballot in person or by telephonic facsimile machine,
telephone, or e-mail of the time the delivery is to be made.
(d) The early voting clerk shall post at the main early
voting polling place and on the clerk's Internet website notice of
the dates and times that the board is scheduled to review or count
ballots. The notice shall be posted for at least 24 hours
immediately preceding the review or count.
SECTION 7. Section 87.0221, Election Code, is amended to
read as follows:
Sec. 87.0221. TIME OF DELIVERY: EARLY VOTING [PAPER]
BALLOTS VOTED BY PERSONAL APPEARANCE. (a) Early [In an election in
which regular paper ballots are used for early] voting ballots
voted by personal appearance [or by mail, the materials] may be
delivered to the board between the end of the period for early
voting by personal appearance 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 of the board. This
subsection applies to the delivery of ballots voted early by
personal appearance regardless of whether the ballots are to be
counted by automatic tabulating equipment.
(b) The early voting clerk shall post at the main early
voting polling place and on the clerk's Internet website notice of
each delivery of materials under this section that is to be made
before the time for opening the polls on election day. The notice
shall be posted [at the main early voting polling place]
continuously for at least 24 hours immediately preceding the
delivery.
(c) At least 24 hours before each delivery, the early voting
clerk shall notify the county chair of each political party having a
nominee on the ballot in person or by telephonic facsimile machine,
telephone, or e-mail of the time the delivery is to be made.
(d) The early voting clerk shall post at the main early
voting polling place and on the clerk's Internet website notice of
the dates and times that the board is scheduled to review or count
ballots. The notice shall be posted for at least 24 hours
immediately preceding the review or count.
SECTION 8. Section 87.0241(a), Election Code, is amended to
read as follows:
(a) The early voting ballot board may determine whether to
accept early voting ballots voted by mail in accordance with
Section 87.041 at any time after the ballots are delivered to the
board under Section 87.022.
SECTION 9. Section 87.0271, Election Code, is amended by
amending Subsections (b), (c), (d), and (e) and adding Subsections
(b-1) and (c-1) to read as follows:
(b) Not later than the second [business] day after a
signature verification committee discovers a defect described by
Subsection (a) and before the committee decides whether to accept
or reject a timely delivered ballot under Section 87.027, the
committee shall:
(1) notify the voter of the defect by at least one of
the following methods determined by the committee to provide
sufficient time before the sixth day after election day for the
voter to correct the defect:
(A) telephonic facsimile machine;
(B) telephone;
(C) e-mail; or
(D) another method reasonably calculated to
reach the voter; and
(2) mail the voter a notice of defect and a corrective
action form developed and made available by the secretary of state
under Subsection (c-1) [determine] if it would be possible for the
voter to receive the notice and form and correct the defect [and
return the carrier envelope] before the [time the polls are
required to close on] sixth day after election day [; and
[(2) return the carrier envelope to the voter by mail,
if the committee determines that it would be possible for the voter
to correct the defect and return the carrier envelope before the
time the polls are required to close on election day].
(b-1) The signature verification committee shall include
with the notice delivered to the applicant:
(1) a brief explanation of each defect in the
noncomplying ballot;
(2) a statement informing the voter that for the
voter's vote to be counted the voter must either correct the defect
in the ballot or cancel the voter's application to vote by mail and
vote in person; and
(3) instructions for:
(A) canceling the voter's application to vote by
mail in the manner described by Section 84.032; and
(B) correcting the defect in the voter's ballot
by submitting a corrective action form developed and made available
by the secretary of state under Subsection (c-1).
(c) The [If the] signature verification committee shall
permit a voter to correct a defect [determines under Subsection
(b)(1) that it would not be possible for the voter to correct the
defect and return the carrier envelope before the time the polls are
required to close on election day, the committee may notify the
voter of the defect by telephone or e-mail and inform the voter that
the voter may request to have the voter's application to vote by
mail canceled in the manner described by Section 84.032 or come to
the early voting clerk's office in person] not later than the sixth
day after election day by:
(1) returning the corrective action form developed and
made available by the secretary of state under Subsection (c-1);
(2) using the online tool described by Section 86.015,
if possible; or
(3) coming to the early voting clerk's office in person
[to correct the defect].
(c-1) The secretary of state shall develop and make
available on the secretary of state's Internet website a corrective
action form that provides information regarding the process of
correcting a defect in a ballot to be voted by mail and that may be
completed and submitted to a signature verification committee under
this section to correct a defect.
(d) If the signature verification committee takes an action
described by Subsection (b) [or (c)], the committee must take the
[either] action described by that subsection with respect to each
ballot in the election to which this section applies.
(e) A poll watcher is entitled to observe an action taken
under Subsection (b) or (c)(3) [(c)].
SECTION 10. Section 87.0411, Election Code, is amended by
amending Subsections (b), (c), (d), and (e) and adding Subsections
(b-1) and (c-1) to read as follows:
(b) Not later than the second [business] day after an early
voting ballot board discovers a defect described by Subsection (a)
and before the board decides whether to accept or reject a timely
delivered ballot under Section 87.041, the board shall:
(1) notify the voter of the defect by at least one of
the following methods determined by the board to provide sufficient
time before the sixth day after election day for the voter to
correct the defect:
(A) telephonic facsimile machine;
(B) telephone;
(C) e-mail; or
(D) another method reasonably calculated to
reach the voter; and
(2) mail the voter a notice of the defect and a
corrective action form developed and made available by the
secretary of state under Subsection (c-1) [determine] if it would
be possible for the voter to receive the notice and form and correct
the defect [and return the carrier envelope] before the [time the
polls are required to close on] sixth day after election day [; and
[(2) return the carrier envelope to the voter by mail,
if the board determines that it would be possible for the voter to
correct the defect and return the carrier envelope before the time
the polls are required to close on election day].
(b-1) The early voting ballot board shall include with the
notice delivered to the applicant:
(1) a brief explanation of each defect in the
noncomplying ballot;
(2) a statement informing the voter that for the
voter's vote to be counted the voter must either correct the defect
in the ballot or cancel the voter's application to vote by mail and
vote in person; and
(3) instructions for:
(A) canceling the voter's application to vote by
mail in the manner described by Section 84.032; and
(B) correcting the defect in the voter's ballot
by submitting a corrective action form developed and made available
by the secretary of state under Subsection (c-1).
(c) The [If the] early voting ballot board shall permit a
voter to correct a defect [determines under Subsection (b)(1) that
it would not be possible for the voter to correct the defect and
return the carrier envelope before the time the polls are required
to close on election day, the board may notify the voter of the
defect by telephone or e-mail and inform the voter that the voter
may request to have the voter's application to vote by mail canceled
in the manner described by Section 84.032 or come to the early
voting clerk's office in person] not later than the sixth day after
election day by:
(1) returning the corrective action form developed and
made available by the secretary of state under Subsection (c-1);
(2) using the online tool described by Section 86.015,
if possible; or
(3) coming to the early voting clerk's office in person
[to correct the defect].
(c-1) The secretary of state shall develop and make
available on the secretary of state's Internet website a corrective
action form that provides information regarding the process of
correcting a defect in a ballot to be voted by mail and that may be
completed and submitted to the early voting ballot board under this
section to correct a defect.
(d) If the early voting ballot board takes an action
described by Subsection (b) [or (c)], the board must take the
[either] action described by that subsection with respect to each
ballot in the election to which this section applies.
(e) A poll watcher is entitled to observe an action taken
under Subsection (b) or (c)(3) [(c)].
SECTION 11. Subchapter E, Chapter 127, Election Code, is
amended by adding Section 127.1233 to read as follows:
Sec. 127.1233. PROCESSING OF EARLY VOTING BALLOTS. (a) The
central counting station may process early voting ballots in the
same manner as the early voting ballot board under Section 87.0241.
(b) The manager of a central counting station shall notify
the early voting clerk of the time and place at which the early
voting clerk shall deliver the early voting ballots voted by mail
and the early voting ballots voted by personal appearance to the
central counting station. The notice provided under this subsection
may not be provided less than 24 hours before the time of delivery.
(c) The manager of the central counting station shall post
notice of the dates and times that the central counting station is
scheduled to process early voting ballots. The notice shall:
(1) specify the types of ballots that will be
processed;
(2) be posted not less than 24 hours before the
scheduled processing;
(3) be posted on a bulletin board maintained by the
authority which ordered the election for the purposes of posting
notice and to the authority's Internet website; and
(4) if the ballots being processed were voted in a
general election for state and county officers, also be sent to the
county chairs of each political party having a nominee on the
ballot.
(d) The secretary of state may prescribe any procedures
necessary to implement this section.
SECTION 12. Section 276.016(e), Election Code, is amended
to read as follows:
(e) Subsection (a) does not apply if the public official or
election official:
(1) provided general information about voting by mail,
the vote by mail process, or the timelines associated with voting to
a person or the public; or
(2) engaged in the conduct described by Subsection (a)
while:
(A) acting in the official's capacity as a
candidate for a public elective office;
(B) assisting a voter in the process of
completing an application to vote by mail; or
(C) answering a question regarding the voting
process asked by a voter who has requested an application to vote by
mail.
SECTION 13. The following provisions of the Election Code
are repealed:
(1) Section 87.0222;
(2) Section 87.0223;
(3) Section 87.023; and
(4) Section 87.024.
SECTION 14. The change in law made by this Act applies only
to an application for a ballot to be voted by mail submitted on or
after the effective date of this Act. An application for a ballot
to be voted by mail submitted before the effective date of this Act
is governed by the law in effect when the application was submitted,
and the former law is continued in effect for that purpose.
SECTION 15. The changes in law made by this Act apply only
to an election held on or after the effective date of this Act. An
election held before the effective date of this Act is governed by
the law in effect when the election was held, and that law is
continued in effect for that purpose.
SECTION 16. Section 276.016(e), Election Code, as amended
by this Act, applies only to an offense committed on or after the
effective date of this Act. An offense committed before the
effective date of this Act is governed by the law in effect on the
date the offense was committed, and the former law is continued in
effect for that purpose. For purposes of this section, an offense
was committed before the effective date of this Act if any element
of the offense occurred before that date.
SECTION 17. This Act takes effect September 1, 2023.