Bill Text: TX HB649 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to the electronic transmission of a ballot to a voter voting early by mail on the ground of absence from the county of residence.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB649 Detail]
Download: Texas-2025-HB649-Introduced.html
89R1516 TSS-D | ||
By: Bucy | H.B. No. 649 |
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relating to the electronic transmission of a ballot to a voter | ||
voting early by mail on the ground of absence from the county of | ||
residence. | ||
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) 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 or an e-mail address for the applicant to which the | ||
ballot is sent by electronic transmission; | ||
(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 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 84.011(a), Election Code, is amended to | ||
read as follows: | ||
(a) The officially prescribed application form for an early | ||
voting ballot must include: | ||
(1) immediately preceding the signature space the | ||
statement: "I certify that the information given in this | ||
application is true, and I understand that giving false information | ||
in this application is a crime."; | ||
(2) a statement informing the applicant of the | ||
offenses prescribed by Sections 84.003 and 84.004; | ||
(3) spaces for entering an applicant's voter | ||
registration number and county election precinct of registration, | ||
with a statement informing the applicant that failure to furnish | ||
that information does not invalidate the application; | ||
(3-a) a space for entering the information required | ||
under Section 84.002(a)(1-a); and | ||
(4) on an application for a ballot to be voted by mail: | ||
(A) a space for an applicant applying on the | ||
ground of absence from the county of residence to indicate: | ||
(i) the date on or after which the applicant | ||
can receive mail at the address outside the county; or | ||
(ii) that the applicant wishes to receive | ||
the balloting materials by electronic transmission and provide an | ||
e-mail address; | ||
(B) a space for indicating the fact that an | ||
applicant whose application is signed by a witness cannot make the | ||
applicant's mark and a space for indicating the relationship or | ||
lack of relationship of the witness to the applicant; | ||
(C) a space for entering an applicant's telephone | ||
number, with: | ||
(i) a statement informing the applicant | ||
that failure to furnish that information does not invalidate the | ||
application; and | ||
(ii) a statement prescribed by the | ||
secretary of state explaining the benefits of furnishing that | ||
information, including how that information assists the early | ||
voting clerk; | ||
(D) a space or box for an applicant applying on | ||
the ground of age or disability to indicate that the address to | ||
which the ballot is to be mailed is the address of a facility or | ||
relative described by Section 84.002(a)(3), if applicable; | ||
(E) a space or box for an applicant applying on | ||
the ground of confinement in jail or involuntary civil commitment | ||
to indicate that the address to which the ballot is to be mailed is | ||
the address of a relative described by Section 84.002(a)(4) or (7), | ||
if applicable; | ||
(F) a space for an applicant applying on the | ||
ground of age or disability to indicate if the application is an | ||
application under Section 86.0015; | ||
(G) spaces for entering the signature, printed | ||
name, and residence address of any person assisting the applicant; | ||
(H) a statement informing the applicant of the | ||
condition prescribed by Section 81.005; and | ||
(I) a statement informing the applicant of the | ||
requirement prescribed by Section 86.003(c). | ||
SECTION 3. Section 86.003(a), Election Code, is amended to | ||
read as follows: | ||
(a) Except as provided by Section 86.0031, the [ |
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balloting materials for voting by mail shall be provided to the | ||
voter by mail. A ballot provided by any other method may not be | ||
counted. | ||
SECTION 4. Chapter 86, Election Code, is amended by adding | ||
Section 86.0031 to read as follows: | ||
Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING | ||
BALLOT. (a) A voter voting by mail on the ground of absence from | ||
the voter's county of residence may elect to receive the balloting | ||
materials by electronic transmission on the voter's application for | ||
an early voting ballot to be voted by mail. | ||
(b) Balloting materials to be sent by electronic | ||
transmission under this section 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 how to create a ballot envelope and carrier envelope or signature | ||
sheet for the ballot; and | ||
(4) a list of certified write-in candidates, if | ||
applicable. | ||
(c) The balloting materials may be provided by e-mail to the | ||
voter: | ||
(1) in a portable document format or similar file type | ||
or through a scanned format; or | ||
(2) by any other method of electronic transmission | ||
authorized by the secretary of state in writing. | ||
(d) An e-mail address used under this section to request | ||
balloting materials is confidential and does not constitute public | ||
information for purposes of Chapter 552, Government Code. An early | ||
voting clerk shall ensure that a voter's e-mail address provided | ||
under this section is excluded from public disclosure. | ||
(e) The secretary of state shall prescribe procedures to | ||
implement this section. | ||
SECTION 5. Section 86.006, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-3) to read as | ||
follows: | ||
(a) Except as provided by Subsection (a-3), a [ |
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ballot voted under this chapter must be returned to the early voting | ||
clerk in the official carrier envelope. The carrier envelope may | ||
be delivered in another envelope and must be transported and | ||
delivered only by: | ||
(1) mail; | ||
(2) common or contract carrier; or | ||
(3) subject to Subsections (a-1) and (a-2), in-person | ||
delivery by the voter who voted the ballot. | ||
(a-3) A marked ballot received through electronic | ||
transmission as provided by Section 86.0031 shall be returned to | ||
the early voting clerk by mail or common or contract carrier through | ||
the procedures prescribed by the secretary of state. | ||
SECTION 6. This Act takes effect September 1, 2025. |