Bill Text: TX SB214 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to early voting by mail by any qualified voter.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-31 - Referred to State Affairs [SB214 Detail]
Download: Texas-2011-SB214-Introduced.html
82R1223 ATP-D | ||
By: Ellis | S.B. No. 214 |
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relating to early voting by mail by any qualified voter. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 13.002(e), Election Code, is amended to | ||
read as follows: | ||
(e) Notwithstanding Section 82.005, a [ |
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certified for participation in the address confidentiality program | ||
administered by the attorney general under Subchapter C, Chapter | ||
56, Code of Criminal Procedure, is not eligible for early voting by | ||
mail [ |
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application under this section by personal delivery. The secretary | ||
of state may adopt rules to implement this subsection. | ||
SECTION 2. Section 82.005, Election Code, is amended to | ||
read as follows: | ||
Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [ |
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mail or personal appearance. | ||
SECTION 3. Section 82.007, Election Code, is amended to | ||
read as follows: | ||
Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY | ||
PROGRAM. Notwithstanding Section 82.005, a [ |
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who, [ |
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[ |
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[ |
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application is submitted, [ |
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participation in the address confidentiality program administered | ||
by the attorney general under Subchapter C, Chapter 56, Code of | ||
Criminal Procedure, is eligible for early voting by mail only if the | ||
voter submitted a registration application by personal delivery as | ||
required by Section 13.002(e). | ||
SECTION 4. Section 84.001(a), Election Code, is amended to | ||
read as follows: | ||
(a) To be entitled to vote an early voting ballot by mail, a | ||
person [ |
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for an early voting ballot to be voted by mail as provided by this | ||
title. | ||
SECTION 5. 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; | ||
(2) for an application for a ballot to be voted by mail | ||
by an applicant who will be absent from the applicant's [ |
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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 | ||
by an applicant who is 65 years of age or older on election day or | ||
has a sickness or physical condition that requires the applicant to | ||
reside in a hospital or nursing home or other long-term care | ||
facility, or with a relative [ |
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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 | ||
by an applicant who is confined [ |
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jail as described by Section 84.009(a), the address of the jail or | ||
of a person related to the applicant within the degree described by | ||
Subdivision (3); and | ||
(5) [ |
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applicant is applying for a ballot[ |
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SECTION 6. Section 84.009, Election Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-1) to read as | ||
follows: | ||
(a) This section applies only to an applicant who, at the | ||
time the application for a ballot to be voted by mail is submitted, | ||
is confined in jail: | ||
(1) serving a misdemeanor sentence for a term that | ||
ends on or after election day; | ||
(2) pending trial after denial of bail; | ||
(3) without bail pending an appeal of a felony | ||
conviction; or | ||
(4) pending trial or appeal on a bailable offense for | ||
which release on bail before election day is unlikely. | ||
(a-1) On request of the applicant, an application for a | ||
ballot to be voted by mail [ |
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may be submitted to the early voting clerk, at the discretion of the | ||
authority in charge of the jail, by personal delivery by the jail | ||
authority or by a designated subordinate of the authority. | ||
SECTION 7. 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; and | ||
(4) on an application for a ballot to be voted by mail: | ||
(A) a space for an applicant [ |
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the applicant will be absent from the applicant's county of | ||
residence on election day and, if applicable, the date on or after | ||
which the applicant can receive mail at the address outside the | ||
county; | ||
(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 a statement informing the applicant that failure to | ||
furnish that information does not invalidate the application; | ||
(D) a space or box for an applicant who is 65 | ||
years of age or older on election day or has a sickness or physical | ||
condition that requires the applicant to reside in a hospital or | ||
nursing home or other long-term care facility, or with a relative, | ||
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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 confined | ||
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Section 84.009(a) 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), if applicable; | ||
(F) spaces for entering the signature, printed | ||
name, and residence address of any person assisting the applicant; | ||
(G) a statement informing the applicant of the | ||
condition prescribed by Section 81.005; and | ||
(H) a statement informing the applicant of the | ||
requirement prescribed by Section 86.003(c). | ||
SECTION 8. Sections 86.001(b) and (c), Election Code, are | ||
amended to read as follows: | ||
(b) If the application complies with the applicable | ||
requirements prescribed by this title [ |
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official ballot to the applicant as provided by this chapter. | ||
(c) Except as provided by Section 86.008, if the applicant | ||
is not entitled to vote in the election [ |
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reject the application, enter on the application "rejected" and the | ||
reason for and date of rejection, and deliver written notice of the | ||
reason for the rejection to the applicant at both the residence | ||
address and mailing address on the application. A ballot may not be | ||
provided to an applicant whose application is rejected. | ||
SECTION 9. Section 86.003(c), Election Code, is amended to | ||
read as follows: | ||
(c) The address to which the balloting materials must be | ||
addressed is the address at which the voter is registered to vote, | ||
or the registered mailing address if different, unless the | ||
application to vote early by mail indicates that the voter [ |
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(1) will be absent from the voter's [ |
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county of residence on election day, in which case the address must | ||
be an address outside the voter's county of residence; | ||
(2) is confined [ |
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Section 84.009(a), in which case the address must be the address of | ||
the jail or of a relative described by Section 84.002(a)(4); or | ||
(3) is 65 years of age or older on election day or has a | ||
sickness or physical condition that requires the applicant to | ||
reside in a hospital or nursing home or other long-term care | ||
facility, or with a relative, [ |
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living at a hospital, nursing home or other long-term care | ||
facility, or retirement center, or with a relative described by | ||
Section 84.002(a)(3), in which case the address must be the address | ||
of that facility or relative. | ||
SECTION 10. Section 86.004(b), Election Code, is amended to | ||
read as follows: | ||
(b) For the general election for state and county officers, | ||
the balloting materials for a voter who indicates on the | ||
application for a ballot to be voted by mail or the federal postcard | ||
application that the voter seeks [ |
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as a consequence of the voter's being outside the United States | ||
shall be mailed on or before the later of the 45th day before | ||
election day or the seventh calendar day after the date the clerk | ||
receives the application. However, if it is not possible to mail | ||
the ballots by the deadline of the 45th day before election day, the | ||
clerk shall notify the secretary of state within 24 hours of knowing | ||
that the deadline will not be met. The secretary of state shall | ||
monitor the situation and advise the clerk, who shall mail the | ||
ballots as soon as possible in accordance with the secretary of | ||
state's guidelines. | ||
SECTION 11. Section 87.041(b), Election Code, is amended to | ||
read as follows: | ||
(b) 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) [ |
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is required by law; | ||
(4) [ |
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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 | ||
(5) [ |
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to the voter is an address [ |
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84.002 and 86.003. | ||
SECTION 12. Section 102.001(a), Election Code, is amended | ||
to read as follows: | ||
(a) A qualified voter is eligible to vote a late ballot as | ||
provided by this chapter if the voter has a sickness or physical | ||
condition [ |
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from appearing at the polling place on election day without a | ||
likelihood of needing personal assistance or of injuring the | ||
voter's health and originates on or after the day before the last | ||
day for submitting an application for a ballot to be voted by mail. | ||
SECTION 13. Sections 82.001, 82.002, 82.003, 82.004, | ||
84.002(b), and 112.002(b), Election Code, are repealed. | ||
SECTION 14. The changes in law made by this Act apply only | ||
to an election ordered on or after September 1, 2011. | ||
SECTION 15. This Act takes effect September 1, 2011. |