Bill Text: TX HB3488 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to identification requirements for early voting by mail.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Elections [HB3488 Detail]
Download: Texas-2021-HB3488-Introduced.html
By: Parker | H.B. No. 3488 |
|
||
|
||
relating to identification requirements for early voting by mail. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 84.001(c), Election Code, is amended to | ||
read as follows: | ||
(c) An applicant must [ |
||
application form described by Section 84.011. | ||
SECTION 2. 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 election | ||
identification certificate or unexpired driver's license or | ||
personal identification card issued by the Department of Public | ||
Safety; | ||
(B) the applicant's voter registration number; | ||
(C) the number of the applicant's unexpired | ||
United States passport; or | ||
(D) the applicant's social security number; | ||
(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 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; and | ||
(6) an indication of the ground of eligibility for | ||
early voting. | ||
SECTION 3. 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) a space [ |
||
[ |
||
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 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 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 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) 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 4. Section 86.001, Election Code, is amended by | ||
adding Subsection (f) to read as follows: | ||
(f) If the application does not include the information | ||
required under Section 84.002(a)(1-a), the clerk shall reject the | ||
application. | ||
SECTION 5. Section 86.002, Election Code, is amended by | ||
adding Subsections (g) and (h) to read as follows: | ||
(g) The ballot envelope must include a space for the voter | ||
to enter the following information: | ||
(1) the number of the voter's election identification | ||
certificate or unexpired driver's license or personal | ||
identification card issued by the Department of Public Safety; | ||
(2) the voter's voter registration number; | ||
(3) the number of the voter's unexpired United States | ||
passport; or | ||
(4) the voter's social security number. | ||
(h) No record associating an individual voter with a ballot | ||
may be created. | ||
SECTION 6. 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) 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; [ |
||
(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; and | ||
(8) the voter has provided the information required | ||
under Section 86.002(g). | ||
SECTION 7. The changes in law made by this Act apply only to | ||
an application to vote an early voting ballot by mail submitted on | ||
or after the effective date of this Act. An application to vote an | ||
early voting ballot 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 8. This Act takes effect September 1, 2021. |