bill letting some mail voters mark ballots electronically

The text as introduced · 874 words

89R6346 PRL-D

By: Bucy
H.B. No. 1439

A BILL TO BE ENTITLED

AN ACT

relating to early voting by mail.

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

SECTION 1. Chapter 81, Election Code, is amended by adding

Section 81.006 to read as follows:

Sec. 81.006. ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A

person eligible for early voting by mail under Section 82.002 or

Section 101.001 as a person described by Section 101.001(2)(A) may

cast a ballot using an accessible absentee mail system,

notwithstanding any other provision of this title.

(b) An accessible absentee mail system must be an electronic

system, including software, used for the sole purpose of enabling

any voter, including a voter who has a disability, to mark the

voter's ballot and print and submit the ballot in the manner

required by law for a ballot marked by the voter.

(c) The secretary of state shall adopt rules and prescribe

procedures for the implementation of this section.

SECTION 2. Subtitle B, Title 7, Election Code, is amended by

adding Chapter 101A to read as follows:

CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING

MATERIALS TO DISABLED VOTERS

Sec. 101A.001. ELIGIBILITY; REQUEST FOR BALLOTING

MATERIALS. (a) A person eligible to vote under Section 82.002 may

request from the appropriate early voting clerk e-mail transmission

of balloting materials under this chapter.

(b) The early voting clerk shall grant a request made under

this section for the e-mail transmission of balloting materials if:

(1) the requestor has submitted a valid application

for a ballot to be voted by mail on the ground of disability;

(2) the requestor provides an e-mail address with the

request;

(3) the request is submitted on or before the seventh

day before the date of the election; and

(4) a marked ballot for the election from the

requestor has not been received by the early voting clerk.

Sec. 101A.002. CONFIDENTIALITY OF E-MAIL ADDRESS. An

e-mail address used under this chapter 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 chapter is excluded from public disclosure.

Sec. 101A.003. ELECTIONS COVERED. Balloting materials may

be sent by e-mail under this chapter for any election in which the

voter who registers under this chapter is eligible to vote.

Sec. 101A.004. BALLOTING MATERIALS TO BE SENT BY E-MAIL.

Balloting materials to be sent by e-mail under this chapter

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 carrier envelope or signature sheet for the

ballot; and

(4) a list of certified write-in candidates, if

applicable.

Sec. 101A.005. METHODS OF TRANSMISSION TO VOTER. (a) The

balloting materials may be provided by e-mail to the voter in PDF

format, through a scanned format, or by any other method of

electronic transmission authorized by the secretary of state in

writing.

(b) The secretary of state shall prescribe procedures for

the retransmission of balloting materials following an

unsuccessful transmission of the materials to a voter.

Sec. 101A.006. RETURN OF BALLOT. (a) A voter who receives

a ballot under this chapter must return the ballot in the same

manner as required under Section 101.057 except that a voter who

completes a signature sheet is not required to complete a carrier

envelope. Except as provided by Chapter 105, the voter may not

return the ballot by electronic transmission.

(b) A ballot that is not returned as required by Subsection

(a) is considered a ballot not timely returned and is not sent to

the early voting ballot board for processing.

(c) The deadline for the return of a ballot under this

section is the same deadline as provided in Section 86.007.

Sec. 101A.007. RULES. The secretary of state may adopt

rules as necessary to implement this chapter.

SECTION 3. Section 87.0223(a), Election Code, is amended to

read as follows:

(a) If the early voting clerk has provided a voter a ballot

to be voted by mail by both regular mail and e-mail under Chapter

101A or Subchapter C, Chapter 101, the clerk may not deliver a

jacket envelope containing the early voting ballot voted by mail by

the voter to the board until:

(1) both ballots are returned; or

(2) the deadline for returning marked ballots under

Section 86.007 has passed.

SECTION 4. Section 87.0431(a), Election Code, is amended to

read as follows:

(a) Not later than the 10th day after election day, the

presiding judge of the early voting ballot board shall deliver

written notice of the reason for the rejection of a ballot to the

voter at the residence address on the ballot application. If the

ballot was transmitted to the voter by e-mail under Chapter 101A or

Subchapter C, Chapter 101, the presiding judge shall also provide

the notice to the e-mail address to which the ballot was sent.

SECTION 5. The changes in law made by this Act apply only to

an election ordered on or after the effective date of this Act.

SECTION 6. This Act takes effect September 1, 2025.