Older And Disabled Voters Lose The Yearly Mail Ballot Application

The text as introduced · 845 words

89R12676 AB-D

By: Villalobos
H.B. No. 5351

A BILL TO BE ENTITLED

AN ACT

relating to the election for which an application for a ballot to be

voted by mail is requested.

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

SECTION 1. Section 84.004(a), Election Code, is amended to

read as follows:

(a) A person commits an offense if[ :

[ (1) ] the person signs an application for a ballot to

be voted by mail as a witness for more than one applicant in the same

election[ ; or

[ (2) the person signs an application for annual

ballots by mail as a witness for more than one applicant in the same

calendar year ].

SECTION 2. Section 84.007(c), Election Code, is amended to

read as follows:

(c) An [ Except as provided by Section 86.0015(b), an ]

application may be submitted at any time in the year of the election

for which a ballot is requested, but not later than the close of

regular business in the early voting clerk's office or 12 noon,

whichever is later, on the 11th day before election day unless that

day is a Saturday, Sunday, or legal state or national holiday, in

which case the last day is the first preceding regular business day.

SECTION 3. Section 84.011(a), Election Code, is 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;

(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;

(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;

(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;

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

name, and residence address of any person assisting the applicant;

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

the condition prescribed by Section 81.005; and

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

the requirement prescribed by Section 86.003(c).

SECTION 4. Section 84.038, Election Code, is amended to

read as follows:

Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION.

The cancellation of an application for a ballot to be voted by mail

under Section 84.032(c), (d), or (e) is effective for a single

ballot only and does not cancel the application with respect to a

subsequent runoff election[ , including a subsequent election to

which the same application applies under Section 84.001(e) or

86.0015(b) ].

SECTION 5. Section 86.0015, Election Code, is repealed.

SECTION 6. The change in law made by this Act in amending

Section 84.004(a), Election Code, applies only to an offense

committed on or after the effective date of this Act. An offense

committed before the effective date of this Act is governed by the

law in effect on the date the offense was committed, and the former

law is continued in effect for that purpose. For purposes of this

section, an offense was committed before the effective date of this

Act if any element of the offense occurred before that date.

SECTION 7. This Act applies only to an application for a

ballot voted by mail submitted on or after January 1, 2026.

SECTION 8. This Act takes effect January 1, 2026.