bill letting out-of-county mail ballots go to the home address

The text as introduced · 1,366 words

89R10212 JDK-F

By: Hall
S.B. No. 1473

A BILL TO BE ENTITLED

AN ACT

relating to early voting by mail on the ground of absence from the

voter's 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 under Section 86.003(c) ;

(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 the date

on or after which the applicant can receive mail at the address

listed on the applicant's application for a ballot to be voted by

mail [ 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;

(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(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 may [ 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 4. Section 87.041(b), Election Code, is amended to

read as follows:

(b) A ballot may be accepted only if:

(1) the carrier envelope certificate is properly

executed;

(2) neither the voter's signature on the ballot

application nor the signature on the carrier envelope certificate

is determined to have been executed by a person other than the

voter, unless signed by a witness;

(3) the voter's ballot application states a legal

ground for early voting by mail;

(4) the voter is registered to vote, if registration

is required by law;

(5) for a ballot [ the address to which the ballot was ]

mailed to the voter for [ , as indicated by the application, was

outside the voter's county of residence, if the ground for ] early

voting on the ground of [ is ] absence from the county of residence ,

the address to which the ballot was mailed to the voter was:

(A) the address at which the voter is registered

to vote;

(B) the voter's registered mailing address, if

different from the address in Paragraph (A); or

(C) an address outside the voter's county of

residence ;

(6) for a voter to whom a statement of residence form

was required to be sent under Section 86.002(a), the statement of

residence is returned in the carrier envelope and indicates that

the voter satisfies the residence requirements prescribed by

Section 63.0011;

(7) the address to which the ballot was mailed to the

voter is an address that is otherwise required by Sections 84.002

and 86.003; and

(8) the information required under Section 86.002(g)

provided by the voter identifies the same voter identified on the

voter's application for voter registration under Section

13.002(c)(8).

SECTION 5. The changes in law made by this Act apply only to

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

SECTION 6. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.