out-of-county mail voters can get their ballot by e-mail

The text as introduced · 1,288 words

89R1516 TSS-D

By: Bucy
H.B. No. 649

A BILL TO BE ENTITLED

AN ACT

relating to the electronic transmission of a ballot to a voter

voting early by mail on the ground of absence from the county of

residence.

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

SECTION 1. 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 or an e-mail address for the applicant to which the

ballot is sent by electronic transmission ;

(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);

(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;

(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 2. 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 :

(i) the date on or after which the applicant

can receive mail at the address outside the county; or

(ii) that the applicant wishes to receive

the balloting materials by electronic transmission and provide an

e-mail address;

(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;

(H) a statement informing the applicant of the

condition prescribed by Section 81.005; and

(I) a statement informing the applicant of the

requirement prescribed by Section 86.003(c).

SECTION 3. Section 86.003(a), Election Code, is amended to

read as follows:

(a) Except as provided by Section 86.0031, the [ The ]

balloting materials for voting by mail shall be provided to the

voter by mail. A ballot provided by any other method may not be

counted.

SECTION 4. Chapter 86, Election Code, is amended by adding

Section 86.0031 to read as follows:

Sec. 86.0031. ELECTRONIC METHOD OF PROVIDING

BALLOT. (a) A voter voting by mail on the ground of absence from

the voter's county of residence may elect to receive the balloting

materials by electronic transmission on the voter's application for

an early voting ballot to be voted by mail.

(b) Balloting materials to be sent by electronic

transmission under this section 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 ballot envelope and carrier envelope or signature

sheet for the ballot; and

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

applicable.

(c) The balloting materials may be provided by e-mail to the

voter:

(1) in a portable document format or similar file type

or through a scanned format; or

(2) by any other method of electronic transmission

authorized by the secretary of state in writing.

(d) An e-mail address used under this section 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 section is excluded from public disclosure.

(e) The secretary of state shall prescribe procedures to

implement this section.

SECTION 5. Section 86.006, Election Code, is amended by

amending Subsection (a) and adding Subsection (a-3) to read as

follows:

(a) Except as provided by Subsection (a-3), a [ A ] marked

ballot voted under this chapter must be returned to the early voting

clerk in the official carrier envelope. The carrier envelope may

be delivered in another envelope and must be transported and

delivered only by:

(1) mail;

(2) common or contract carrier; or

(3) subject to Subsections (a-1) and (a-2), in-person

delivery by the voter who voted the ballot.

(a-3) A marked ballot received through electronic

transmission as provided by Section 86.0031 shall be returned to

the early voting clerk by mail or common or contract carrier through

the procedures prescribed by the secretary of state.

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