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  83R9144 ADM-F
 
  By: Miller of Fort Bend H.B. No. 2262
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedure for early voting by mail; creating an
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter F, Chapter 13, Election Code, is
  amended by adding Section 13.1411 to read as follows:
         Sec. 13.1411.  EARLY VOTING BY MAIL AUDIT NUMBER. (a) The
  secretary of state shall prescribe a system for assigning an early
  voting by mail audit number to each registered voter.
         (b)  The secretary of state shall assign each registered
  voter a unique audit number, which must change each time an initial
  or renewal voter registration certificate is issued.
         (c)  An audit number assigned under this section is
  confidential and does not constitute public information for
  purposes of Chapter 552, Government Code.
         (d)  The secretary of state shall store in a secure database
  each audit number assigned under this section. An audit number may
  not be disclosed except for use by the members of the early voting
  ballot board or signature verification committee in qualifying
  early voting by mail ballots.
         (e)  The secretary of state shall establish a secure system
  that will enable a voter to obtain the voter's audit number without
  cost by telephone or over the Internet after verification of
  personal identifying information.
         (f)  A custodian of election records may permit the
  disclosure of an early voting by mail application or carrier
  envelope containing an audit number to an attorney licensed in this
  state for use in an election contest if the attorney executes an
  affidavit declaring that the audit number will not be disclosed
  outside of the contest proceedings.
         (g)  The system prescribed by the secretary of state under
  this section may be included in the statewide computerized voter
  registration system authorized under Section 18.061, provided that
  the system complies with the nondisclosure requirements specified
  in this section.
         (h)  A person commits an offense if the person discloses an
  early voting by mail audit number to a person other than the voter
  to which that number is assigned, except that:
               (1)  disclosure is permitted for official purposes as
  described in this code; and
               (2)  the voter to which the audit number is assigned may
  disclose the number.
         (i)  An offense under Subsection (h) is a Class A
  misdemeanor.
         (j)  The secretary of state may use funds dedicated under
  Chapter 19, or under Sections 31.009 and 31.011, for the purpose of
  defraying costs associated with developing and maintaining the
  system prescribed by this section.
         SECTION 2.  Section 15.001(a), Election Code, is amended to
  read as follows:
         (a)  Each voter registration certificate issued must
  contain:
               (1)  the voter's name in the form indicated by the
  voter, subject to applicable requirements prescribed by Section
  13.002 and by rule of the secretary of state;
               (2)  the voter's residence address or, if the residence
  has no address, the address at which the voter receives mail and a
  concise description of the location of the voter's residence;
               (3)  the month, day, and year of the voter's birth;
               (4)  the number of the county election precinct in
  which the voter resides;
               (5)  the voter's effective date of registration if an
  initial certificate;
               (6)  the voter's registration number;
               (7)  an indication of the period for which the
  certificate is issued;
               (8)  a statement explaining the circumstances under
  which the voter will receive a new certificate;
               (9)  a space for stamping the voter's political party
  affiliation;
               (10)  a statement that voting with the certificate by a
  person other than the person in whose name the certificate is issued
  is a felony;
               (11)  a space for the voter's signature;
               (12)  a statement that the voter must sign the
  certificate personally, if able to sign, immediately on receipt;
               (13)  a space for the voter to correct the information
  on the certificate followed by a signature line;
               (14)  the statement:  "If any information on this
  certificate changes or is incorrect, correct the information in the
  space provided, sign below, and return this certificate to the
  voter registrar.";
               (15)  the registrar's mailing address and telephone
  number; [and]
               (16)  the jurisdictional or distinguishing number for
  the following territorial units in which the voter resides, as
  determined by the voter registrar:
                     (A)  congressional district;
                     (B)  state senatorial district;
                     (C)  state representative district;
                     (D)  commissioners precinct;
                     (E)  justice precinct;
                     (F)  city election precinct; and
                     (G)  school district election precinct;
               (17)  the voter's early voting by mail audit number
  assigned under Section 13.1411; and
               (18)  a statement indicating that the voter's early
  voting by mail audit number must be entered by the voter on any
  application for early voting by mail and on any carrier envelope
  containing a voted ballot.
         SECTION 3.  Section 18.066(b), Election Code, is amended to
  read as follows:
         (b)  Information furnished under this section may not
  include:
               (1)  a voter's social security number; [or]
               (2)  the residence address of a voter who is a federal
  judge or state judge, as defined by Section 13.0021, or the spouse
  of a federal judge or state judge, if the voter included an
  affidavit with the voter's registration application under Section
  13.0021 or the applicable registrar has received an affidavit
  submitted under Section 15.0215; or
               (3)  a voter's early voting by mail audit number
  assigned under Section 13.1411.
         SECTION 4.  Section 84.001(d), Election Code, is amended to
  read as follows:
         (d)  An application must be submitted in accordance with
  Section 84.007 [by mail] to the early voting clerk for the election
  who serves the election precinct of the applicant's residence.
         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;
               (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);
               (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)  the applicant's early voting by mail audit number
  assigned under Section 13.1411.
         SECTION 6.  The heading to Section 84.004, Election Code, is
  amended to read as follows:
         Sec. 84.004.  UNLAWFULLY WITNESSING APPLICATION FOR OR
  ASSISTING MORE THAN ONE APPLICANT.
         SECTION 7.  Sections 84.004(a), (b), and (c), Election Code,
  are amended to read as follows:
         (a)  A person commits an offense if, in the same election,
  the person:
               (1)  signs an early voting ballot application as a
  witness for more than one applicant; or
               (2)  assists more than one applicant, in the
  applicant's presence, in completing an early voting ballot
  application.
         (b)  It is an exception to the application of Subsection (a)
  that the person [signed early voting ballot applications for more
  than one applicant]:
               (1)  acted as an early voting clerk or deputy early
  voting clerk; or
               (2)  [and the person] is related to the additional
  applicants as a parent, grandparent, spouse, child, or sibling.
         (c)  An application made in [A] violation of this section is
  not valid [does not affect the validity of an application involved
  in the offense].
         SECTION 8.  Section 84.007(b), Election Code, is amended to
  read as follows:
         (b)  An application must be submitted to the early voting
  clerk by:
               (1)  mail;
               (2)  common or contract carrier; [or]
               (3)  telephonic facsimile machine, if a machine is
  available in the clerk's office; or
               (4)  e-mail containing a scanned image of the
  application, if the clerk has an e-mail address.
         SECTION 9.  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; 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 a statement informing the applicant that failure to
  furnish that information does not invalidate the application;
                     (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 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), if applicable;
                     (F)  spaces for entering the signature, printed
  name, and residence address of any person assisting the applicant;
                     (G)  a statement informing the applicant of the
  condition prescribed by Section 81.005; [and]
                     (H)  a statement informing the applicant of the
  requirement prescribed by Section 86.003(c);
                     (I)  a space for entering an applicant's early
  voting by mail audit number;
                     (J)  a statement informing the applicant that
  failure to furnish the applicant's early voting by mail audit
  number invalidates the application; and
                     (K)  a statement providing the toll-free
  telephone number and Internet website established by the secretary
  of state under Section 13.1411(e).
         SECTION 10.  Section 86.001, Election Code, is amended by
  adding Subsection (h) to read as follows:
         (h)  If the application does not include the applicant's
  correct early voting by mail audit number, the clerk shall reject
  the application and notify the applicant of the rejection in
  accordance with Section 86.008.
         SECTION 11.  Section 86.005, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  The voter must include the voter's early voting by mail
  audit number on the space provided on the carrier envelope. If the
  carrier envelope certificate is not signed or the audit number is
  not provided, the ballot is not valid.
         SECTION 12.  Section 86.0051, Election Code, is amended by
  adding Subsection (f) to read as follows:
         (f)  An offense committed under Subsection (a) or (c)
  invalidates the associated ballot.
         SECTION 13.  Section 86.010(d), Election Code, is amended to
  read as follows:
         (d)  A voter's ballot may not be counted if:
               (1)  the [If a] voter is assisted in violation of
  Subsection (a) or (b); or
               (2)  a person who assists the voter to prepare a ballot
  to be voted by mail fails to comply with Subsection (e)[, the
  voter's ballot may not be counted].
         SECTION 14.  Section 86.013(b), Election Code, is amended to
  read as follows:
         (b)  Spaces must appear on the reverse side of the official
  carrier envelope for:
               (1)  indicating the identity and date of the election;
  [and]
               (2)  entering the signature, printed name, and
  residence address of a person other than the voter who deposits the
  carrier envelope in the mail or with a common or contract carrier;
               (3)  entering the applicant's early voting by mail
  audit number;
               (4)  informing the applicant that failure to furnish
  the applicant's early voting by mail audit number invalidates the
  application; and
               (5)  providing the toll-free telephone number and
  Internet website established by the secretary of state under
  Section 13.1411(e).
         SECTION 15.  Section 87.021, Election Code, is amended to
  read as follows:
         Sec. 87.021.  BALLOTS AND OTHER MATERIALS DELIVERED TO
  BOARD.  The early voting clerk shall deliver to the early voting
  ballot board:
               (1)  in an election in which regular paper ballots are
  used for early voting by personal appearance, each ballot box, in
  accordance with Section 85.032(b), containing the early voting
  ballots voted by personal appearance and the clerk's key to each
  box;
               (2)  the jacket envelopes containing the early voting
  ballots voted by mail, regardless of the ballot type or voting
  system used;
               (3)  the poll lists prepared in connection with early
  voting by personal appearance;
               (4)  the list of registered voters used in conducting
  early voting;
               (5)  a list of early voting by mail audit numbers for
  those voters who requested an early voting by mail ballot; and
               (6) [(5)]  a ballot transmittal form that includes a
  statement of the number of early voting ballots voted by mail,
  regardless of the ballot type or voting system used, that are
  delivered to the early voting ballot board, and in an election in
  which regular paper ballots are used for early voting by personal
  appearance, the number of names appearing on the poll lists
  prepared in connection with early voting by personal appearance.
         SECTION 16.  Sections 87.027(h) and (i), Election Code, are
  amended to read as follows:
         (h)  If a signature verification committee is appointed for
  the election, the early voting clerk shall deliver the jacket
  envelopes containing the early voting ballots voted by mail and the
  list of early voting by mail audit numbers to the committee instead
  of to the early voting ballot board. Deliveries may be made only
  during the period of the committee's operation at times scheduled
  in advance of delivery by the early voting clerk. The clerk shall
  post notice of the time of each delivery. The notice must remain
  posted continuously for at least two days before the date of the
  delivery.
         (i)  The signature verification committee shall compare the
  signature on each carrier envelope certificate, except those signed
  for a voter by a witness, with the signature on the voter's ballot
  application to determine whether the signatures are those of the
  same person. The committee may also compare the signatures with the
  signature on the voter's registration application to confirm that
  the signatures are those of the same person or [but may not use the
  registration application signature to] determine that the
  signatures are not those of the same person. Except as provided by
  Subsection (l), a determination under this subsection that the
  signatures are not those of the same person must be made by a
  majority vote of the committee's membership. The committee shall
  place the jacket envelopes, carrier envelopes, and applications of
  voters whose signatures are not those of the same person in separate
  containers from those of voters whose signatures are those of the
  same person. If a voter's ballot application or carrier envelope
  does not contain a correct early voting by mail audit number
  assigned to that voter, the jacket envelope, carrier envelope, and
  application for that voter shall be placed in a separate container.
  The committee chair shall deliver the sorted materials to the early
  voting ballot board at the time specified by the board's presiding
  judge.
         SECTION 17.  Section 87.041, Election Code, is amended by
  amending Subsections (b), (e), and (f) and adding Subsection (g) to
  read as follows:
         (b)  A ballot may be accepted only if:
               (1)  the carrier envelope certificate is properly
  executed;
               (2)  the voter has placed the correct early voting by
  mail audit number on the ballot application and the carrier
  envelope and 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)  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; and
               (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.
         (e)  In making the determination under Subsection (b)(2),
  the board may also compare the signatures with the signature on the
  voter's registration application to confirm that the signatures are
  those of the same person or [but may not use the registration
  application signature to] determine that the signatures are not
  those of the same person.
         (f)  In making the determination under Subsection (b)(2) for
  a ballot cast under Chapter 101 or 105, the board shall compare the
  signature on the carrier envelope or signature cover sheet with the
  signature of the voter on the federal postcard application. Early
  voting by mail audit numbers are not required for a ballot cast
  under Chapter 101 or 105 to be accepted and counted.
         (g)  A poll watcher accepted for service under Chapter 33 may
  challenge the acceptance of any early voting by mail ballot under
  this section by calling attention to an irregularity or a violation
  of law to a chair of the early voting ballot board, who shall
  resolve the challenge by majority vote of the early voting ballot
  board.
         SECTION 18.  This Act takes effect January 1, 2014.