bill creating a statewide ballot for any polling place

The text as introduced · 1,150 words

By: Zwiener
H.B. No. 3867

A BILL TO BE ENTITLED

AN ACT

relating to voting a statewide ballot, or voting a limited ballot

following the change of the county of residence by a voter.

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

SECTION 1. Section 112.001, Election Code, is amended to

read as follows:

Sec. 112.001. LIMITED BALLOT. In this code: [ code, ]

(1) "limited ballot" means a ballot voted under this

chapter that is restricted to the offices and propositions stating

measures on which a person is entitled to vote under Section

112.004(a) [ 112.004 ] ;

(2) "statewide ballot" means a ballot voted under this

chapter that is restricted to statewide offices and propositions

stating measures on which a person is entitled to vote under Section

112.004(b).

SECTION 2. Section 112.002, Election Code, is amended by

amending the section heading to read as follows:

Sec. 112.002. ELIGIBILITY FOR LIMITED BALLOT .

SECTION 3. Section 112.002, Election Code, is amended by

amending Subsections (a) and (d) to read as follows:

(a) After changing residence to another county, a person is

eligible to vote a limited ballot on election day, by personal

appearance during the early voting period , or by mail if:

(1) the person would have been eligible to vote in the

county of former residence on election day if still residing in that

county;

(2) the person is registered to vote in the county of

former residence at the time the person:

(A) offers to vote in the county of new

residence; or

(B) submitted a voter registration application

in the county of new residence; and

(3) a voter registration for the person in the county

of new residence is not effective on or before election day.

(d) A statement executed under Subsection (c) shall be

submitted:

(1) to an election officer at the [ main early voting ]

polling place, if the person is voting by personal appearance; or

(2) with the person's application for a ballot to be

voted by mail, if the person is voting by mail.

SECTION 4. Chapter 112, Election Code, is amended by adding

Section 112.0025 to read as follows:

Sec. 112.0025. ELIGIBILITY FOR STATEWIDE BALLOT. (a) A

person is eligible to vote a statewide ballot on election day, or by

personal appearance during the early voting period if the person is

registered to vote in the State of Texas at the time the person

offers to vote in a given county and the voter would not otherwise

be eligible to vote a limited ballot in the county the voter seeks

to vote a statewide ballot.

(b) Before being accepted for voting under this chapter, the

voter must execute a statement including:

(1) a statement that the voter satisfies the

applicable requirements prescribed by Subsection (a);

(2) the voter's residence address or, if the residence

has no address, the address at which the voter receives mail and a

concise description of the voter's residence;

(3) the month, day, and year of the voter's birth; and

(4) the date the statement is executed.

(c) A statement executed under Subsection (b) shall be

submitted to an election officer at the polling place where the

person is voting by personal appearance.

(d) A statement executed under Subsection (b) may include

space for disclosure of any necessary information to enable the

person to register to vote under Chapter 13.

(e) The secretary of state shall prescribe the form of a

statement executed under Subsection (b).

SECTION 5. Section 112.004, Election Code, is amended to

read as follows:

Sec. 112.004. OFFICES AND MEASURES ON WHICH VOTER ENTITLED

TO VOTE. (a) A person voting a limited ballot is entitled to vote

only on:

(1) each office and proposition stating a measure to

be voted on statewide; and

(2) each office and proposition stating a measure to

be voted on in a territorial unit of which the person was a resident

both before changing county of residence and after the change.

(b) A person voting a statewide ballot is entitled to vote

only on each office and proposition stating a measure to be voted on

statewide.

SECTION 6. Section 112.006, Election Code, is amended to

read as follows:

Sec. 112.006. PLACE FOR VOTING BY PERSONAL APPEARANCE. (a)

A person may vote a limited ballot by personal appearance :

(1) at any early voting polling place; or

(2) on election day, at a countywide polling place or

the polling place located in the precinct of the new residence of

the voter [ only at the main early voting polling place ].

(b) A person may vote a statewide ballot by personal

appearance:

(1) at any early voting polling place; or

(2) on election day, at any polling place in the state.

SECTION 7. Sections 112.008 and 112.009, Election Code, are

amended to read as follows:

Sec. 112.008. DETERMINING OFFICES AND MEASURES TO BE VOTED

ON. (a) For each person who is to vote a limited ballot, the

election officer [ early voting clerk ] shall determine the offices

and propositions stating measures on which the person is entitled

to vote and shall indicate them on the person's application.

(b) For each person who is to vote a statewide ballot, the

election officer shall first determine whether the person is

eligible for a limited ballot at that polling place, and if not,

shall determine the statewide offices and propositions stating

measures on which the person is entitled to vote and shall indicate

them on the person's application.

Sec. 112.009. PREPARING VOTING MACHINE. Before permitting

a person to vote a limited ballot on a voting machine, the election

officer [ early voting clerk ] shall adjust the machine so that votes

may be cast only on the offices and propositions stating measures on

which the voter is entitled to vote.

SECTION 8. Section 112.010(a), Election Code, is amended to

read as follows:

(a) If early voting by personal appearance is conducted by

voting machine, the election officer [ early voting clerk ] may

conduct the personal appearance voting of limited ballots or

statewide ballots by using official ballots for early voting by

mail.

SECTION 9. Section 112.011(b), Election Code, is amended to

read as follows:

(b) The information must include the data necessary to

enable an election officer [ early voting clerk ] to determine the

district offices on which a voter under this chapter is eligible to

vote.

SECTION 10. Section 112.012, Election Code, is amended to

read as follows:

Sec. 112.012. NOTIFICATION TO VOTER REGISTRAR. Not later

than the 30th day after receipt of an application for a limited

ballot or statewide ballot , the county [ early voting ] clerk shall

notify the voter registrar for the voter's former or current county

of residence that the voter has applied for a limited or statewide

ballot.

SECTION 11. This Act takes effect September 1, 2025.