Bill Text: TX HB96 | 2021 | 87th Legislature 1st Special Session | Introduced

Texas House Bill 96 (Prior Session Legislation)

Introduced

Bill Title: Relating to correcting defects in an early voting ballot voted by mail.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-07-08 - Referred to Constitutional Rights & Remedies [HB96 Detail]

Download: Texas-2021-HB96-Introduced.html

	87S10413 TSS-F

	By: González of El Paso	H.B. No. 96



	A BILL TO BE ENTITLED
	AN ACT
	relating to correcting defects in an early voting ballot voted by
	mail.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Sections 84.032(c) and (d), Election Code, are
	amended to read as follows:
	(c) An applicant may submit a request after the close of
	early voting by personal appearance by appearing in person and:
	(1) returning the ballot to be voted by mail to the
	early voting clerk; or
	(2) executing an affidavit that the applicant:
	(A) has not received the ballot to be voted by
	mail; [or]
	(B) never requested a ballot to be voted by mail;
	or
	(C) received a notice of defect under Section
	87.0411(b).
	(d) An applicant may also submit a request by appearing in
	person and returning the ballot to be voted by mail or presenting a
	notice received under Section 86.006(h) or 87.0411(b) to:
	(1) the early voting clerk or deputy early voting
	clerk at any polling place that is open for early voting by personal
	appearance; or
	(2) the presiding election judge on election day at
	the applicant's precinct polling place.
	SECTION 2. Section 87.022, Election Code, is amended to
	read as follows:
	Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. 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 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.
	SECTION 3. Section 87.0221(a), Election Code, is amended to
	read as follows:
	(a) In an election in which regular paper ballots are used
	for early voting by personal appearance or by mail, the materials
	may be delivered to the board beginning on the ninth day before the
	last day of [~~between the end of~~] the period for early voting by
	personal appearance. The early voting clerk shall deliver to the
	board all early voting ballots voted by mail that have been returned
	to the clerk by the end of the third day before the last day of the
	period for early voting by personal appearance, and shall deliver
	to the board all early voting ballots voted by mail received
	thereafter at least once per 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 of the board~~].
	SECTION 4. Section 87.024(a), Election Code, is amended to
	read as follows:
	(a) In an election in which early voting votes by personal
	appearance are cast on voting machines, the jacket envelopes
	containing the early voting ballots voted by mail may be delivered
	to the board beginning on the ninth day before the last day of
	[~~between the end of~~] the period for early voting by personal
	appearance. The early voting clerk shall deliver to the board all
	early voting ballots voted by mail that have been returned to the
	clerk by the end of the third day before the last day of the period
	for early voting by personal appearance, and shall deliver to the
	board all early voting ballots voted by mail received thereafter at
	least once per day [~~and the closing of the polls on election day, or~~
	~~as soon after closing as practicable, at a time specified by the~~
	~~presiding judge of the board~~].
	SECTION 5. 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 except that the board shall determine by the end of the last
	day of the period for early voting by personal appearance whether to
	accept any early voting ballots voted by mail delivered to the board
	by the end of the third day before the last day of the period for
	early voting by personal appearance.
	SECTION 6. Section 87.027(i), Election Code, is amended to
	read as follows:
	(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 two or
	more signatures of the voter made within the preceding six years and
	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. The committee shall place the
	jacket envelopes, 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. As
	soon as practicable, but in no event more than one business day
	after the committee discovers that a voter did not sign the carrier
	envelope certificate or determines that the signature on the
	voter's ballot application or certificate is not that of the voter,
	the committee chair shall deliver the jacket envelope, carrier
	envelope, and application of the voter to the early voting ballot
	board. The committee chair shall deliver the jacket envelopes,
	carrier envelopes, and applications of voters whose signatures are
	those of the voter [~~sorted materials~~] to the early voting ballot
	board at the time specified by the board's presiding judge.
	SECTION 7. Sections 87.041(b) and (d), Election Code, are
	amended to read as follows:
	(b) Except as provided by Section 87.0411(h), a [A] ballot
	may be accepted only if:
	(1) the carrier envelope certificate is properly
	executed;
	(2) neither the voter's signature on the ballot
	application nor the signature on the carrier envelope certificate
	is determined to have been executed by a person other than the
	voter, unless signed by a witness;
	(3) the voter's ballot application states a legal
	ground for early voting by mail;
	(4) the voter is registered to vote, if registration
	is required by law;
	(5) the address to which the ballot was mailed to the
	voter, as indicated by the application, was outside the voter's
	county of residence, if the ground for early voting is absence from
	the county of residence;
	(6) for a voter to whom a statement of residence form
	was required to be sent under Section 86.002(a), the statement of
	residence is returned in the carrier envelope and indicates that
	the voter satisfies the residence requirements prescribed by
	Section 63.0011; and
	(7) the address to which the ballot was mailed to the
	voter is an address that is otherwise required by Sections 84.002
	and 86.003.
	(d) Except as provided by Section 87.0411(h), a [A] ballot
	shall be rejected if any requirement prescribed by Subsection (b)
	is not satisfied. In that case, the board shall indicate the
	rejection by entering "rejected" on the carrier envelope and on the
	corresponding jacket envelope.
	SECTION 8. Subchapter C, Chapter 87, Election Code, is
	amended by adding Section 87.0411 to read as follows:
	Sec. 87.0411. OPPORTUNITY TO CORRECT DEFECT: EARLY VOTING
	BALLOT BOARD. (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 is that
	of the voter; or
	(3) that does not contain a statement of residence
	form if required pursuant to Section 86.002(a).
	(b) Before deciding whether to accept or reject a ballot
	under Section 87.041, the early voting ballot board shall notify a
	voter within one business day of the discovery of a defect under
	Subsection (a) to advise the voter of the defect and provide the
	voter an opportunity to correct the defect by providing:
	(1) if the defect involves the voter's signature:
	(A) the following identification:
	(i) the identification number from an
	unexpired driver's license, election identification certificate,
	or personal identification card issued to the voter by the
	Department of Public Safety;
	(ii) the last four digits of the voter's
	Social Security number; or
	(iii) if the voter does not possess any
	identification described by Subparagraph (i) or (ii), a form of
	identification described by Section 63.0101; and
	(B) a signed cure attestation form prescribed by
	the secretary of state stating that the ballot at issue is that of
	the voter; or
	(2) if the defect involves a required statement of
	residence form, a signed and completed statement of residence form.
	(c) Subsection (b) does not apply if the early voting ballot
	board determines that it would be impossible to correct the defect
	before the ninth day after the date of the election.
	(d) A voter may submit materials listed under Subsection (b)
	to the early voting clerk by:
	(1) personal delivery;
	(2) mail;
	(3) e-mail; or
	(4) telephonic facsimile machine, if a machine is
	available in the clerk's office.
	(e) The notice under Subsection (b) must:
	(1) inform the voter that the voter's vote will not be
	counted unless the voter submits the materials listed under
	Subsection (b) not later than the ninth day after the date of the
	election;
	(2) instruct the voter on the methods of returning the
	materials listed under Subsection (b);
	(3) include a copy of the cure attestation form or
	statement of residence form prescribed by the secretary of state;
	and
	(4) direct the voter to the location of the cure
	attestation form or statement of residence form on the secretary of
	state's Internet website.
	(f) The early voting ballot board shall provide notice to
	the voter under Subsection (b) by mail and any other method
	reasonably calculated to provide sufficient time for the voter to
	submit the required materials before the deadline prescribed by
	this section.
	(g) The early voting ballot board is not required to provide
	notice under Subsection (b) if the board makes a determination
	under Section 87.027(j) that the signature on the carrier envelope
	certificate and ballot application are those of the voter.
	(h) If the early voting ballot board does not provide notice
	to the voter under Subsection (b) and the ballot meets the
	requirements of Sections 87.041(b)(1), (3), (4), (5), (6), and (7),
	the board shall accept the ballot in the manner provided by Section
	87.042.
	(i) The secretary of state shall:
	(1) prominently display and maintain on the main page
	of the secretary's Internet website a link to blank versions of the
	cure attestation form and the statement of residence form described
	by Subsection (b); and
	(2) adopt rules and prescribe forms as necessary to
	implement this section.
	(j) The cure attestation form and the statement of residence
	form prescribed under this section must include clear instructions
	for completion and notice of the penalties associated with election
	fraud and voting more than once in an election. The cure attestation
	form and statement of residence form may not require the voter to
	have the form notarized or signed by a witness.
	(k) The signature provided by the voter on a cure
	attestation form or a statement of residence form shall be placed on
	file with the county clerk or voter registrar to allow its use for
	future signature comparison as provided by Section 87.027(i) and
	Section 87.041(e).
	SECTION 9. Section 87.0222, Election Code, as effective
	September 1, 2021, is repealed.
	SECTION 10. This Act takes effect on the 91st day after the
	last day of the legislative session.