any qualified voter could vote early by mail

The text as introduced · 2,761 words

89R6028 LRM-D

By: Eckhardt
S.B. No. 1584

A BILL TO BE ENTITLED

AN ACT

relating to early voting by mail by any qualified voter and to the

repeal of certain criminal offenses concerning the solicitation and

distribution of an application to vote 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) Notwithstanding Section 82.005, a [ 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 82.005, Election Code, is amended to

read as follows:

Sec. 82.005. ELIGIBILITY FOR EARLY VOTING [ BY PERSONAL

APPEARANCE ]. Any qualified voter is eligible for early voting by

mail or personal appearance.

SECTION 3. Section 82.007, Election Code, is amended to

read as follows:

Sec. 82.007. PARTICIPATION IN ADDRESS CONFIDENTIALITY

PROGRAM. Notwithstanding Section 82.005, a [ A ] qualified voter

who, [ is eligible for early voting by mail if:

[ (1) the voter submitted a registration application by

personal delivery as required by Section 13.002(e); and

[ (2) ] at the time the voter's early voting ballot

application is submitted, [ the voter ] is certified for

participation in the address confidentiality program administered

by the attorney general under Subchapter B, Chapter 58, Code of

Criminal Procedure , is eligible for early voting by mail only if the

voter submitted a registration application by personal delivery as

required by Section 13.002(e) .

SECTION 4. Section 84.001(a), Election Code, is amended to

read as follows:

(a) To be entitled to vote an early voting ballot by mail, a

person [ who is eligible for early voting ] must make an application

for an early voting ballot to be voted by mail as provided by this

title.

SECTION 5. 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

by an applicant who will be absent from the applicant's [ on the

ground of absence from the ] county of residence on election day , 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

by an applicant who is 65 years of age or older on election day or

has a sickness or physical condition that requires the applicant to

reside in a hospital or nursing home or other long-term care

facility, in a retirement center, or with a relative [ 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

by an applicant who is confined [ on the ground of confinement ] in

jail as described by Section 84.009(a) , 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; and

(6) [ an indication of the ground of eligibility for

early voting; and

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

mail by an applicant who is civilly committed as a sexually violent

predator under Chapter 841, Health and Safety Code, and ordered as a

condition of civil commitment to reside in a facility operated by or

under contract with the Texas Civil Commitment Office [ 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 6. Section 84.009, Election Code, is amended by

amending Subsection (a) and adding Subsection (b) to read as

follows:

(a) This section applies only to an applicant who, at the

time the application for a ballot to be voted by mail is submitted,

is confined in jail:

(1) serving a misdemeanor sentence for a term that

ends on or after election day;

(2) pending trial after denial of bail;

(3) without bail pending an appeal of a felony

conviction; or

(4) pending trial or appeal on a bailable offense for

which release on bail before election day is unlikely.

(b) On request of the applicant, an application for a ballot

to be voted by mail [ on the ground of confinement in jail ] may be

submitted to the early voting clerk, at the discretion of the

authority in charge of the jail, by personal delivery by the jail

authority or by a designated subordinate of the authority.

SECTION 7. 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 whether

the applicant will be absent from the applicant's county of

residence on election day and, if applicable, 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 who is 65

years of age or older on election day or has a sickness or physical

condition that requires the applicant to reside in a hospital or

nursing home or other long-term care facility, in a retirement

center, or with a relative, [ 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 who is

confined [ applying on the ground of confinement ] in jail as

described by Section 84.009(a) or who is civilly committed as a

sexually violent predator under Chapter 841, Health and Safety

Code, and ordered as a condition of civil commitment to reside in a

facility operated by or under contract with the Texas Civil

Commitment Office, [ 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 (6) [ (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 8. Section 84.0111, Election Code, is amended to

read as follows:

Sec. 84.0111. DISTRIBUTION OF APPLICATION FORM. (a) An

[ Except as provided by Subsection (c) or as otherwise authorized by

this code, an ] officer or employee of this state or of a political

subdivision of this state shall [ may not ] distribute an application

form for an early voting ballot to eligible voters six months before

the November uniform election date [ a person who did not request an

application under Section 84.001 ].

(b) [ An officer or employee of this state or of a political

subdivision of this state may not use public funds to facilitate the

distribution by another person of an application form for an early

voting ballot to a person who did not request an application under

Section 84.001.

[ (c) ] A political party or a candidate for office may

distribute an application form for an early voting ballot to a

person who did not request an application under Section 84.001.

SECTION 9. Sections 86.001(b) and (c), Election Code, are

amended to read as follows:

(b) If the application complies with the applicable

requirements prescribed by this title [ applicant is entitled to

vote an early voting ballot by mail ], the clerk shall provide an

official ballot to the applicant as provided by this chapter.

(c) Except as provided by Section 86.008, if the applicant

is not entitled to vote in the election [ by mail ], the clerk shall

reject the application, enter on the application "rejected" and the

reason for and date of rejection, and deliver written notice of the

reason for the rejection to the applicant at both the residence

address and mailing address on the application. A ballot may not be

provided to an applicant whose application is rejected.

SECTION 10. Section 86.0015(a), Election Code, is amended

to read as follows:

(a) This section applies only to an application for a ballot

to be voted by mail that[ :

[ (1) indicates the ground of eligibility is age or

disability; and

[ (2) ] does not specify the election for which a ballot

is requested or has been marked by the applicant as an application

for more than one election.

SECTION 11. 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

application to vote early by mail indicates that the voter [ ground

for voting by mail is ]:

(1) will be absent from the voter's [ absence from the ]

county of residence on election day , in which case the address must

be an address outside the voter's county of residence;

(2) is confined [ confinement ] in jail as described by

Section 84.009(a) , in which case the address must be the address of

the jail or of a relative described by Section 84.002(a)(4);

(3) is 65 years of age or older on election day or has a

sickness or physical condition that requires the applicant to

reside in a hospital or nursing home or other long-term care

facility, in a retirement center, or with a relative, [ 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) is civilly committed as a sexually violent

predator under Chapter 841, Health and Safety Code, and ordered as a

condition of civil commitment to reside in a facility operated by or

under contract with the Texas Civil Commitment Office [ 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)(6)

[ 84.002(a)(7) ].

SECTION 12. Section 86.004(b), Election Code, is amended to

read as follows:

(b) For an election to which Section 101.104 applies, the

balloting materials for a voter who indicates on the application

for a ballot to be voted by mail or the federal postcard application

that the voter seeks [ is eligible ] to vote early by mail as a

consequence of the voter's being outside the United States shall be

mailed on or before the later of the 45th day before election day or

the seventh calendar day after the date the clerk receives the

application. However, if it is not possible to mail the ballots by

the deadline of the 45th day before election day, the clerk shall

notify the secretary of state within 24 hours of knowing that the

deadline will not be met. The secretary of state shall monitor the

situation and advise the clerk, who shall mail the ballots as soon

as possible in accordance with the secretary of state's guidelines.

SECTION 13. 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;

(4) [ (5) the address to which the ballot was mailed

to the voter, as indicated by the application, was outside the

voter's county of residence, if the ground for early voting is

absence from the 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;

(5) [ (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

(6) [ (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 14. 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 [ described by Section 82.002 ] that prevents the voter

from appearing at the polling place on election day without a

likelihood of needing personal assistance or of injuring the

voter's health and originates on or after the day before the last

day for submitting an application for a ballot to be voted by mail.

SECTION 15. The following provisions of the Election Code

are repealed:

(1) Section 82.001;

(2) Section 82.002;

(3) Section 82.003;

(4) Section 82.004;

(5) Section 82.008;

(6) Sections 84.002(b) and (c);

(7) Section 112.002(b);

(8) Section 276.016; and

(9) Section 276.017.

SECTION 16. The changes in law made by this Act apply only

to an election ordered on or after September 1, 2025.

SECTION 17. This Act takes effect September 1, 2025.