Zwiener’s bill letting registrars hand out mail ballot applications

The text as introduced · 870 words

By: Zwiener
H.B. No. 1235

A BILL TO BE ENTITLED

AN ACT

Relating to the ability of a voter registrar and volunteer deputy

registrar to distribute and receive applications for a ballot to be

voted by mail.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 12, Election Code, is amended by adding

Subchapter C to read as follows:

SUBCHAPTER C. APPLICATION FORMS FOR A BALLOT TO BE VOTED BY MAIL

Sec. 12.035. APPLICATION FORMS FURNISHED BY VOTER

REGISTRAR. (a) A voter registrar shall maintain a supply of

official application forms for a ballot to be voted by mail and

furnish the forms to voters in person.

(b) A voter may submit an application for a ballot to be

voted by mail by delivering the application to a voter registrar.

(c) A volunteer deputy registrar shall submit to the voter

registrar an application for a ballot to be voted by mail as

provided by Subchapter C, Chapter 84.

Sec. 12.036. DELIVERY OF APPLICATION TO EARLY VOTING CLERK.

(a) If a voter to register is not also the early voting clerk, the

voter registrar shall deliver in person, to the early voting clerk

each completed application for a ballot to be voted by mail

submitted to the voter registrar, as provided by this subchapter.

The secretary of state shall prescribe any procedures necessary to

ensure the proper and timely delivery of completed applications

that are not delivered in person by the volunteer deputy who

receives them.

(b) An application shall be delivered to the early voting

clerk not later than the deadline provided by Section 84.007(c),

but not before an action on application to register has been made as

provided by Section 13.072, if such an application to register

accompanies an application form for a ballot to be voted by mail.

SECTION 2. Section 13.038, Election Code, is amended to

read as follows:

Sec. 13.038. POWERS GENERALLY. (a) A volunteer deputy

registrar may distribute voter registration application forms

throughout the county and receive registration applications

submitted to the deputy in person.

(b) A volunteer deputy registrar may distribute application

forms for a ballot to be voted by mail throughout the county and

receive applications for a ballot to be voted by mail submitted to

the deputy in person as provided by Subchapter C, Chapter 84.

SECTION 3. Section 84.007(b), Election Code, is amended to

read as follows:

(b) An application must be submitted to the early voting

clerk by:

(1) mail;

(2) common or contract carrier;

(2-a) the voter registrar, if other than the early

voting clerk;

(3) subject to Subsection (b-1), telephonic facsimile

machine, if a machine is available in the clerk's officer; or

(4) subject to Subsection (b-1), electronic

transmission of a scanned application containing an original

signature.

SECTION 4. Chapter 84, Election Code, is amended by adding

Subchapter C to read as follows:

SUBCHAPTER C. VOLUNTEER DEPUTY REGISTRARS

Sec. 84.051. APPLICATION FORMS FURNISHED BY VOLUNTEER

DEPUTY REGISTRAR. (a) A volunteer deputy registrar may maintain a

supply of official application forms for a ballot to be voted by

mail and shall furnish the forms to voters throughout the county in

a manner consistent with law.

(b) A voter may submit an application for a ballot to be

voted by mail by delivering the application to a volunteer deputy

registrar.

(c) To the extent practicable, the procedure under this

section for distributing applications for a ballot to be vote by

mail and delivering applications shall be the same as the procedure

for delivering a registration application under Subchapter B,

Chapter 13.

Sec. 84.052. DELIVERY OF APPLICATION TO VOTER REGISTRAR.

(a) A volunteer deputy registrar shall deliver in person, or by

personal delivery through another designated volunteer deputy, to

the voter registrar each completed application for a ballot to be

voted by mail submitted to the deputy, as provided by this section.

The secretary of state shall prescribe any procedures necessary to

ensure the proper and timely delivery of completed applications

that are not delivered in person by the volunteer deputy who

receives them.

(b) Except as provided by Subsection (c), an application

shall be delivered to the voter registrar not later than 5 p.m. of

the fifth day after the date the application is submitted to the

volunteer deputy registrar.

(c) An application submitted after the 15th day before the

date of an election and on or before the last day for a person to

timely submit an application for a ballot to be voted by mail for

that election as provided by Section 84.007 shall be delivered to

the voter registrar not later than 5 p.m. of the next regular

business day after the date to timely submit an application for a

ballot to be voted by mail for that election as provided by Section

13.143.

Sec. 84.053. FAILURE TO DELIVER APPLICATION. (a) A

volunteer deputy registrar commits an offense if the deputy fails

to comply with Section 84.052.

(b) Except as provided by Subsection (c), an offense under

this section is a Class C misdemeanor.

(c) An offense under this section is a Class A misdemeanor

if the deputy's failure to comply is intentional.

SECTION 5. This Act takes effect September 1, 2025.