bill repealing most reasons to vote by mail

The text as introduced · 1,454 words

89R14382 AB-D

By: Schatzline
H.B. No. 4964

A BILL TO BE ENTITLED

AN ACT

relating to eligibility requirements for early voting by mail.

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

SECTION 1. Section 13.002(e), Election Code, is amended to

read as follows:

(e) A person who is certified for participation in the

address confidentiality program administered by the attorney

general under Subchapter B, Chapter 58, Code of Criminal Procedure,

is not eligible for early voting by mail [ under Section 82.007 ]

unless the person submits an application under this section by

personal delivery. The secretary of state may adopt rules to

implement this subsection.

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 driver's

license, election identification certificate, or personal

identification card issued by the Department of Public Safety;

(B) if the applicant has not been issued a number

described by Paragraph (A), the last four digits of the applicant's

social security number; or

(C) a statement by the applicant that the

applicant has not been issued a number described by Paragraph (A) or

(B);

(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); ]

(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

(4) [ (6) ] an indication of the ground of eligibility

for early voting[ ; and

[ (7) for an application for a ballot to be voted by

mail on the ground of involuntary civil commitment, the address of

the facility operated by or under contract with the Texas Civil

Commitment Office or of a person related to the applicant within the

degree of consanguinity described by Subdivision (3) ].

SECTION 3. Section 84.0021(a), Election Code, is amended to

read as follows:

(a) An early voting ballot application submitted by a

qualified voter certified for participation in the address

confidentiality program administered by the attorney general under

Subchapter B, Chapter 58, Code of Criminal Procedure, who is

eligible for early voting by mail [ under Section 82.007 ] must

include:

(1) the applicant's name and address at which the

applicant is registered to vote;

(2) the substitute post office box address designated

by the attorney general under Article 58.052(b), Code of Criminal

Procedure, for use by the voter in place of the voter's true

residential, business, or school address; and

(3) an indication of each election for which the

applicant is applying for a ballot.

SECTION 4. Sections 84.011(a) and (c), Election Code, are

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) spaces for entering an applicant's voter

registration number and county election precinct of 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;

(B) [ (C) ] a space for entering an applicant's

telephone number, with:

(i) a statement informing the applicant

that failure to furnish that information does not invalidate the

application; and

(ii) a statement prescribed by the

secretary of state explaining the benefits of furnishing that

information, including how that information assists the early

voting clerk;

(C) [ (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;

(D) [ (E) a space or box for an applicant applying

on the ground of confinement in jail or involuntary civil

commitment 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) or (7), 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;

(E) [ (G) ] spaces for entering the signature,

printed name, and residence address of any person assisting the

applicant;

(F) [ (H) ] a statement informing the applicant of

the condition prescribed by Section 81.005; and

(G) [ (I) ] a statement informing the applicant of

the requirement prescribed by Section 86.003(c).

(c) The secretary of state shall make the statement

prescribed by Subsection (a)(4)(B)(ii) [ (a)(4)(C)(ii) ] available

on the secretary's Internet website.

SECTION 5. Section 86.003(c), Election Code, is amended to

read as follows:

(c) The address to which the balloting materials must be

addressed is the address at which the voter is registered to vote,

or the registered mailing address if different, unless the ground

for voting by mail is[ :

[ (1) absence from the county of residence, in which

case the address must be an address outside the voter's county of

residence;

[ (2) confinement in jail, in which case the address

must be the address of the jail or of a relative described by

Section 84.002(a)(4);

[ (3) ] age [ or disability ] and the voter is living at a

hospital, nursing home or other long-term care facility, or

retirement center, or with a relative described by Section

84.002(a)(3), in which case the address must be the address of that

facility or relative[ ; or

[ (4) involuntary civil commitment, in which case the

address must be the address of the facility or of a relative

described by Section 84.002(a)(7) ].

SECTION 6. Section 102.001(a), Election Code, is amended to

read as follows:

(a) A qualified voter is eligible to vote a late ballot as

provided by this chapter if the voter has a sickness or physical

condition that prevents the voter from appearing at the polling

place on election day [ described by Section 82.002 ] that originates

on or after the [ day before the ] last day for early voting by

personal appearance [ submitting an application for a ballot to be

voted by mail ].

SECTION 7. (a) Sections 82.001, 82.002, 82.004, 82.007, and

82.008, Election Code, are repealed.

(b) Sections 84.002(b) and (c), Election Code, are

repealed.

SECTION 8. The changes in law made by this Act apply only to

an application to vote an early voting ballot by mail submitted for

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

application to vote an early voting ballot by mail submitted for an

election ordered 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 9. This Act takes effect September 1, 2025.