bill moves mail-ballot voter info inside the envelope

The text as introduced · 2,348 words

89R15695 JDK-F

By: Bucy
H.B. No. 4898

A BILL TO BE ENTITLED

AN ACT

relating to early voting ballots voted by mail.

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

SECTION 1. Section 64.0322(b), Election Code, is amended to

read as follows:

(b) The secretary of state shall prescribe the form required

by this section. The form must be incorporated into the official

carrier envelope or signature sheet contained in the official

carrier envelope if the voter is voting an early voting ballot by

mail and receives assistance under Section 86.010, or must be

submitted to an election officer at the time the voter casts a

ballot if the voter is voting at a polling place or under Section

64.009.

SECTION 2. Sections 86.002(b) and (g), Election Code, are

amended to read as follows:

(b) Before providing the balloting materials to the voter,

the clerk shall enter on the signature sheet contained in the

carrier envelope the identity and date of the election.

(g) The signature sheet contained in the carrier envelope

must include a space [ that is hidden from view when the envelope is

sealed ] for the voter to enter the following information:

(1) the number of the voter's driver's license,

election identification certificate, or personal identification

card issued by the Department of Public Safety;

(2) if the voter has not been issued a number described

by Subdivision (1), the last four digits of the voter's social

security number; or

(3) a statement by the applicant that the applicant

has not been issued a number described by Subdivision (1) or (2).

SECTION 3. Section 86.005(c), Election Code, is amended to

read as follows:

(c) After marking the ballot, the voter must place it in the

official ballot envelope and then seal the ballot envelope, place

the ballot envelope in the official carrier envelope , [ and then

seal the carrier envelope, and ] sign the certificate on the

signature sheet [ carrier envelope ] using ink on paper , place the

completed signature sheet in the official carrier envelope, and

then seal the carrier envelope . An electronic signature or

photocopied signature is not permitted.

SECTION 4. Sections 86.0051(a) and (b), Election Code, are

amended to read as follows:

(a) A person commits an offense if the person acts as a

witness for a voter in signing the certificate on the signature

sheet contained in the carrier envelope and knowingly fails to

comply with Section 1.011.

(b) A person other than the voter who assists a voter by

depositing the carrier envelope in the mail or with a common or

contract carrier or who obtains the carrier envelope for that

purpose must provide the person's signature, printed name, and

residence address on the signature sheet contained in the carrier

[ reverse side of the ] envelope. The person must sign the envelope

using ink on paper. An electronic signature or photocopied

signature is not permitted.

SECTION 5. Sections 86.010(c) and (e), Election Code, are

amended to read as follows:

(c) The person assisting the voter must sign a written oath

prescribed by Section 64.034 that is part of the certificate on the

signature sheet contained in the official carrier envelope.

(e) A person who assists a voter to prepare a ballot to be

voted by mail shall enter on the signature sheet contained in the

official carrier envelope of the voter:

(1) the person's signature, printed name, and

residence address;

(2) the relationship of the person providing the

assistance to the voter; and

(3) whether the person received or accepted any form

of compensation or other benefit from a candidate, campaign, or

political committee in exchange for providing assistance.

SECTION 6. Section 86.013, Election Code, is amended by

amending Subsections (b), (c), (d), (e), (f), and (g) and adding

Subsection (h) to read as follows:

(b) Spaces must appear on the signature sheet contained in

[ reverse side of ] the official carrier envelope for:

(1) indicating the identity and date of the election;

(2) entering the signature, printed name, and

residence address of a person other than the voter who deposits the

carrier envelope in the mail or with a common or contract carrier;

and

(3) indicating the relationship of that person to the

voter.

(c) A certificate in substantially the following form must

be printed on the signature sheet contained in [ the reverse side of ]

the official carrier envelope [ in a manner that requires the voter

to sign across the flap of the envelope ]:

"I certify that the enclosed ballot expresses my wishes

independent of any dictation or undue persuasion by any person.

________________________________

Signature of voter

By: ____________________________

Signature of person assisting

voter, if applicable (see Ballot

Envelope for restrictions and

penalties)

_______________________________

Printed name of person assisting

voter, if applicable

_______________________________

Residence address of person

assisting voter, if applicable"

(d) The following textual material, as prescribed by the

secretary of state, must be printed on the signature sheet

contained in [ reverse side of ] the official carrier envelope [ or on

a separate sheet accompanying the carrier envelope ] when it is

provided:

(1) the prohibition prescribed by Section 86.006(b);

(2) the conditions for delivery by common or contract

carrier prescribed by Sections 81.005 and 86.006;

(3) the requirements for the legal execution of

balloting materials and the delivery of the carrier envelope,

including the prohibition on compensation for depositing carrier

envelopes containing ballots voted by other persons under Section

86.0052;

(4) the prohibition prescribed by Section 86.006(e);

and

(5) the offenses prescribed by Sections 86.006(f) and

86.010(f).

(e) The following notice must be printed on the signature

sheet contained in [ reverse side of ] the official carrier envelope,

near the space provided for the voter's signature: "This envelope

must be sealed by the voter before it leaves the voter's hands. Do

not sign this [ envelope ] unless the ballot has been marked by you or

at your direction."

(f) The oath of a person assisting a voter must be included

on the signature sheet contained in the official carrier envelope

as part of the certificate prescribed by Subsection (c).

(g) The secretary of state by rule shall require that a

notice informing voters of the telephone number established under

Section 31.0055 and the purpose of the telephone number be printed

on the signature sheet [ :

[ (1) the official carrier envelope; or

[ (2) an insert ] enclosed with the balloting materials

for voting by mail sent to the voter.

(h) The secretary of state shall prescribe the form and

content of the signature sheet that satisfies requirements of this

code.

SECTION 7. Section 86.014(b), Election Code, is amended to

read as follows:

(b) Originals of the applications , [ and ] carrier envelopes ,

and signature sheets are not available for public inspection until

those materials are delivered to the general custodian of election

records after the election.

SECTION 8. Section 87.027(i), Election Code, is amended to

read as follows:

(i) The signature verification committee shall open each

voter's carrier envelope and compare the signature on the [ each

carrier envelope ] certificate on each voter's signature sheet ,

except those signed for a voter by a witness, with the signature on

the voter's ballot application to determine whether the signatures

are those of the voter. The committee may also compare the

signatures with any known signature of the voter on file with the

county clerk or voter registrar to determine whether the signatures

are those of the voter. Except as provided by Subsection (l), a

determination under this subsection that the signatures are not

those of the voter must be made by a majority vote of the

committee's membership. After the committee completes its review,

the committee shall place the voter's signature sheet back in its

original carrier envelope, seal the carrier envelope, and document

the seal number used for the carrier envelope on the jacket

envelope. The committee shall place the jacket envelopes, carrier

envelopes, and applications of voters whose signatures are not

those of the voter in separate containers from those of voters whose

signatures are those of the voter. The committee chair shall

deliver the sorted materials to the early voting ballot board at the

time specified by the board's presiding judge.

SECTION 9. Section 87.041(a), Election Code, is amended to

read as follows:

(a) The early voting ballot board shall open each jacket and

carrier envelope for an early voting ballot voted by mail and

determine whether to accept the voter's ballot.

SECTION 10. Section 87.042, Election Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) The early voting ballot board shall open each carrier

envelope containing an accepted ballot [ without defacing the

certificate on the carrier envelope ] and remove the ballot envelope

from the carrier envelope.

(a-1) The early voting ballot board shall place each

signature sheet in its original carrier envelope for retention for

the preservation period.

SECTION 11. Section 87.043(a), Election Code, is amended to

read as follows:

(a) The early voting ballot board shall place each signature

sheet in its original carrier envelope, place the carrier envelopes

containing rejected ballots in an envelope , and [ shall ] seal the

envelope. More than one envelope may be used if necessary. The

board shall keep a record of the number of rejected ballots in each

envelope.

SECTION 12. Section 87.0431(b), Election Code, is amended

to read as follows:

(b) The early voting clerk shall, not later than the 30th

day after election day, deliver notice to the attorney general,

including certified copies of the carrier envelope and

corresponding ballot application, of any ballot rejected because:

(1) the voter was deceased;

(2) the voter already voted in person in the same

election;

(3) the signatures on the carrier envelope certificate

and ballot application were not executed by the same person;

(4) the carrier envelope certificate lacked a witness

signature;

(5) the carrier envelope certificate was improperly

executed by an assistant; or

(6) the early voting ballot board or the signature

verification committee determined that another violation of the

Election Code occurred.

SECTION 13. Section 87.044, Election Code, is amended to

read as follows:

Sec. 87.044. DISPOSITION OF APPLICATION. (a) The early

voting ballot board shall place each application for a ballot voted

by mail in its corresponding jacket envelope. For a ballot voted

under Chapter 101 or 105, the board shall also place the copy of the

voter's federal postcard application or signature cover sheet in

the same location as the carrier envelope. If the voter's ballot

was accepted, the board shall also place the carrier envelope and

its included signature sheet in the jacket envelope. However, if

the jacket envelope is to be used in a subsequent election, the

carrier envelope and its included signature sheet shall be retained

elsewhere.

(b) A board member shall deliver the jacket envelope,

carrier envelope and its included signature sheet , and application

in a container other than that used for the voted ballots to the

general custodian of election records, to be retained for the

period for preserving the precinct election records.

SECTION 14. Sections 87.126(a) and (a-1), Election Code,

are amended to read as follows:

(a) The early voting clerk may electronically record

applications for a ballot to be voted by mail, jacket envelopes,

carrier envelopes, signature sheets, and ballots.

(a-1) Electronic records made under this section shall

record both sides of any application, envelope, signature sheet, or

ballot recorded, and all such records shall be provided to the early

voting ballot board, the signature verification committee, or both.

SECTION 15. Section 101.105, Election Code, is amended to

read as follows:

Sec. 101.105. BALLOTING MATERIALS TO BE SENT BY

E-MAIL. Balloting materials to be sent by e-mail under this

subchapter 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:

(A) how to print a return envelope from the

federal Voting Assistance Program website; and

(B) how to create a [ carrier envelope or ]

signature sheet for the ballot; and

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

applicable.

SECTION 16. Section 103.004(c), Election Code, is amended

to read as follows:

(c) The voter must mark and seal the ballot in the same

manner as if early voting by mail except that the [ certificate on

the ] carrier envelope certificate need not be completed.

SECTION 17. Section 104.004(c), Election Code, is amended

to read as follows:

(c) The voter must mark and seal the ballot in the same

manner as if voting by mail except that the [ certificate on the ]

carrier envelope certificate need not be completed.

SECTION 18. Section 113.005(c), Election Code, is amended

to read as follows:

(c) The voter must mark and seal the ballot in the same

manner as if voting by mail except that the [ certificate on the ]

carrier envelope certificate need not be completed.

SECTION 19. Section 272.011(b), Election Code, is amended

to read as follows:

(b) The secretary of state shall prepare the translation for

election materials required to be provided in a language other than

English or Spanish for the following state prescribed voter forms:

(1) voter registration application form required by

Section 13.002;

(2) the confirmation form required by Section 15.051;

(3) the voting instruction poster required by Section

62.011;

(4) the reasonable impediment declaration required by

Section 63.001(b);

(5) the statement of residence form required by

Section 63.0011;

(6) the provisional ballot affidavit required by

Section 63.011;

(7) the application for a ballot by mail required by

Section 84.011;

(8) the carrier envelope , signature sheet, and voting

instructions required by Section 86.013; and

(9) any other voter forms that the secretary of state

identifies as frequently used and for which state resources are

otherwise available.

SECTION 20. Section 86.011(d), Election Code, is repealed.

SECTION 21. This Act takes effect September 1, 2025.