85R8658 SRS-F
 
  By: Oliverson H.B. No. 2815
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to early in-person voting by voters who reside at a
  residential care facility.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 86.003, Election Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (e) to read
  as follows:
         (a)  The balloting materials for voting by mail shall be
  provided to the voter by mail, unless the ballot is delivered to a
  voter for early voting under Chapter 107. A ballot provided by any
  other method may not be counted.
         (b)  Subject to Subsection (c), the balloting materials
  shall be addressed to the applicable address specified in the
  voter's application. The election officer providing the ballot may
  not knowingly deliver [mail] the materials to an address other than
  that prescribed by this section.
         (e)  A voter who makes an application to vote early by mail on
  the grounds of age or disability requesting that the ballot be sent
  to the address of a residential care facility, as defined by Chapter
  107, is required to vote as provided by that chapter if five or more
  applications for ballots to be voted by mail are made by residents
  of the same facility who request that the ballots be sent to that
  facility.
         SECTION 2.  Section 86.004, Election Code, is amended by
  amending Subsection (a) and adding Subsection (c) to read as
  follows:
         (a)  Except as provided by Subsection (b) or (c), the
  balloting materials for voting by mail shall be mailed to a voter
  entitled to vote by mail not later than the seventh calendar day
  after the later of the date the clerk accepts the voter's
  application for a ballot to be voted by mail or the date the ballots
  become available for mailing, except that if that mailing date is
  earlier than the 45th day before election day, the balloting
  materials shall be mailed not later than the 38th day before
  election day.
         (c)  An application to vote early by mail on the grounds of
  age or disability requesting that the ballot be sent to the address
  of a residential care facility, as defined by Chapter 107, shall be
  held until the earlier of:
               (1)  the date on which five or more applications for
  ballots to be voted by mail made by residents of the same facility
  who request that the ballots be sent to that facility have been
  received, in which case ballots may not be mailed to the voters and
  voting shall be conducted under Chapter 107; or
               (2)  the last day on which an application for a ballot
  to be voted by mail may be received, after which the ballot shall
  promptly be mailed to the voter.
         SECTION 3.  Subtitle B, Title 7, Election Code, is amended by
  adding Chapter 107 to read as follows:
  CHAPTER 107. EARLY VOTING AT A RESIDENTIAL CARE FACILITY
         Sec. 107.001.  PURPOSE. This chapter is enacted to
  facilitate voting in a hospital, nursing home, other long-term care
  facility, or retirement center in which a significant number of
  occupants, patients, or residents lack adequate transportation to
  an appropriate polling place, need assistance in voting, are 65
  years of age or older or are disabled, or are indefinitely confined.
         Sec. 107.002.  DEFINITION. In this chapter, "residential
  care facility" means a facility licensed and regulated under
  Chapter 241, 242, 246, 247, or 248, Health and Safety Code, or
  Chapter 105, Human Resources Code.
         Sec. 107.003.  APPLICABILITY OF EARLY VOTING BY PERSONAL
  APPEARANCE PROVISIONS. To the extent applicable and not in
  conflict with this chapter, Chapter 85 applies to voting at a
  residential care facility under this chapter.
         Sec. 107.004.  EARLY VOTING AT RESIDENTIAL CARE FACILITY
  REQUIRED. A voter residing in a residential care facility who has
  applied to vote early by mail on the grounds of age or disability
  and who requested that the ballot be sent to the address of the
  facility, must vote as provided by this chapter if five or more
  applications for ballots to be voted by mail were made by residents
  of the same facility who requested that the ballots be sent to the
  facility.
         Sec. 107.005.  ELECTION JUDGES; QUALIFICATIONS; OATH. (a)
  Election judges shall be selected to serve at a residential care
  facility in the same manner as election judges are selected to serve
  at a polling place for early voting by personal appearance.
         (b)  An election judge serving at a residential care facility
  may be a volunteer, an employee of the authority conducting the
  election, or compensated by the authority conducting the election
  in the same manner as an election judge for a polling place for
  early voting by personal appearance.
         (c)  A person may not serve as an election judge for a
  residential care facility if:
               (1)  at any time during the two years preceding the
  election, the person has been employed or retained at a residential
  care facility in the county where the person seeks to serve as an
  election judge; or
               (2)  the person is related to a person within the second
  degree by affinity or within the third degree by consanguinity, as
  determined under Chapter 573, Government Code, who resides in a
  residential care facility and is a registered voter.
         (d)  Before beginning the duties of an election judge under
  this chapter, each individual appointed to serve as an election
  judge at a residential care facility shall sign and date this oath:
         I swear (or affirm) that I will not in any manner request or
  seek to persuade or induce any voter to vote for or against any
  candidate or measure to be voted on, and that I will faithfully
  perform my duty as an officer of the election and guard the purity
  of the election.
         I have read the statutes and training materials provided and
  will conduct this election accordingly.
         I understand that failing to follow procedures exactly may
  result in invalidation of the voter's ballot.
         I will not unduly influence or pressure a person to
  participate or cast a ballot in the election.
         I will not influence the choice of a voter to choose a
  particular primary ballot, vote in a particular race or election,
  or vote on a particular proposition.
         Signed this ___ day of ____, 20__.
         Date: ________________________
         Sec. 107.006.  VOTING LOCATION. (a) The administrator of
  the residential care facility shall make available an area located
  in a common area of the facility for the purposes of voting under
  this chapter. The area shall allow a voter to cast a secret ballot.
         (b)  The facility administrator shall allow posting of
  required notices during the period that voting is conducted under
  this chapter.
         (c)  An election judge may enter the private room of a voter
  who requests that balloting materials be brought to the voter.
         Sec. 107.007.  NOTICE OF ELECTION IN RESIDENTIAL CARE
  FACILITY; DETERMINATION OF TIME FOR VOTING. (a) If early voting at
  a residential care facility is required under this chapter, the
  early voting clerk shall give notice that early voting will occur at
  the facility and appoint election judges for the purpose of
  conducting voting under this chapter.
         (b)  Not later than 5 p.m. on the sixth business day before
  election day, the election judges shall, with the input of the
  administrator of the residential care facility, designate one or
  more times for voting to be conducted. Voting may be conducted not
  earlier than the fourth Monday before election day and not later
  than the Monday preceding election day.
         (c)  An election judge for a residential care facility shall
  post notice of the time or times for conducting the election at the
  facility as soon as practicable after determining the time and not
  later than the fifth day before the first day on which voting will
  be conducted at the facility.
         (d)  The early voting clerk shall maintain a public list of
  all residential care facilities in the clerk's jurisdiction at
  which voting is conducted under this chapter. The list must be
  available on the website of the authority conducting the election
  or posted at the location where public notices are posted in the
  county courthouse or authority public building, as applicable, and
  for each facility state:
               (1)  the name of the facility;
               (2)  the address of the facility;
               (3)  the dates and times for voting at the facility; and
               (4)  the names of the election judges for the facility.
         Sec. 107.008.  CONDUCT OF ELECTION. (a) In an election
  conducted under this chapter, the early voting clerk shall deliver
  to the election judges for a residential care facility the
  balloting materials for any qualified voters who have requested a
  mail ballot for an election that would have been otherwise mailed to
  the voter at the facility under Chapter 86.
         (b)  The election judges for a residential care facility
  shall deliver the balloting materials to the voter at the facility.
         (c)  The voter shall mark and seal the ballot in the same
  manner as a voter voting under Chapter 86.
         (d)  Both election judges for the residential care facility
  shall sign the carrier envelope as witnesses. In the space for the
  address of the witness, each election judge shall write in
  "Residential Care Facility Election Judge."
         (e)  The election judges shall accept the carrier envelope
  and place the envelope in a secure bag or ballot container for
  transport to the early voting clerk's office.
         (f)  Ballots voted at a residential care facility shall be
  processed for counting in the manner provided by Chapter 86 for a
  ballot voted by mail.
         Sec. 107.009.  VOTING BY ADDITIONAL QUALIFIED VOTERS. (a)
  The early voting clerk shall produce a list of all additional
  qualified voters who reside at a residential care facility where
  voting is conducted under this chapter.
         (b)  The clerk shall supply the election judges for the
  residential care facility with sufficient additional ballots and
  voting materials to allow any additional qualified voter who
  resides at the facility to vote under this chapter. During the
  voting period, any registered voter who resides at the facility may
  complete an application to request a mail ballot as if they were
  voting by mail. An election judge for the facility shall serve as a
  witness for any person who is unable to sign their name and may
  witness multiple applications.
         (c)  An election judge for the residential care facility must
  accept a properly completed application for a ballot made under
  this section, and shall provide a ballot to the voter. The election
  judge shall make a notation on an application that it was made under
  this section.
         (d)  A voter who applies for a ballot under this section
  shall vote in the manner provided by Section 107.008, except that
  the voter's ballot must be stored with the voter's application, and
  the voter's ballot may not be counted if the voter was not a
  qualified voter for the election as demonstrated from the
  information contained in the voter's application.
         Sec. 107.010.  RETENTION OF RECORDS. (a)  The election
  judges for the residential care facility shall record the number of
  ballots voted. Both of the election judges for each facility and
  the early voting clerk shall sign and attest to the number of
  ballots issued.
         (b)  On completion of voting under this chapter, the election
  judges must record the number of:
               (1)  completed ballots;
               (2)  spoiled ballots; and
               (3)  unused returned ballots.
         Sec. 107.011.  PROOF OF IDENTIFICATION PRESENTED AT
  RESIDENTIAL CARE FACILITY. (a)  Notwithstanding Section 63.0101 or
  any other law, a voter voting under this chapter may submit a
  statement as proof of identification signed by both election judges
  for the residential care facility that:
               (1)  contains the name and address of the voter; and
               (2)  verifies that the voter is a resident of the
  facility and appears on the list of registered voters.
         (b)  The election judges shall enclose the statement in the
  carrier envelope.
         Sec. 107.012.  ASSISTING VOTER; NOTICE. (a) On written
  request to the early voting clerk by a relative of a registered
  voter in a residential care facility, the clerk may notify the
  relative of the time or times at which election judges will conduct
  voting at the facility. The relative may be present at the facility
  while voting is conducted.
         (b)  On request of the voter, the following persons may
  assist a voter in marking the voter's ballot:
               (1)  an election judge; or
               (2)  a person selected by the voter who is present for
  voting conducted at the residential care facility.
         (c)  An election judge shall seal a ballot if the voter
  receives assistance from a person who is not an election judge.
         Sec. 107.013.  SECURITY OF BALLOTS AND MATERIALS. (a) On
  completion of the voting each day on which voting is conducted at a
  residential care facility under this chapter, the election judges
  for the facility shall seal the ballot envelopes and any absentee
  ballot applications inside a secure envelope and shall seal the
  envelope and sign the seal. The election judges shall place the
  envelope inside a ballot bag or container.
         (b)  As soon as possible after conducting voting at a
  residential care facility, but not later than 18 hours after
  leaving the facility, the election judges shall deliver the ballot
  bag or container to the early voting clerk.
         Sec. 107.014.  PROVISION OF MAIL BALLOT TO CERTAIN VOTERS.
  If a qualified voter residing at a residential care facility and
  seeking to vote at the facility under this chapter is not able to
  cast a ballot during any time when voting is conducted at the
  facility, the election judges for the facility shall inform the
  early voting clerk. The clerk shall mail the ballot to the voter
  not later than the fourth day before election day.
         Sec. 107.015.  WATCHERS. (a) In an election held under this
  chapter, a watcher may observe the process of ballot distribution
  in the common areas of a residential care facility in a manner
  consistent with Chapter 33.
         (b)  A political party entitled to have the names of its
  nominees placed on the general election ballot may appoint a
  watcher to accompany the election judges to a residential care
  facility.
         (c)  A political party seeking to appoint a watcher to serve
  at a residential care facility shall submit the name of the watcher
  to the county election officer of the county in which the facility
  is located, not later than the close of business on the last
  business day before the date the watcher seeks to observe the
  conduct of the election under this chapter.
         (d)  A watcher must present the watcher's certificate of
  appointment to an election judge for the residential care facility
  on arrival at the facility.
         Sec. 107.016.  LIMITATIONS ON APPLICABILITY OF CHAPTER. (a)  
  The early voting clerk is not required to send election judges to
  conduct an election at a residential care facility unless there are
  at least five registered voters who are residents of the facility.
         (b)  This chapter does not prevent a registered voter from:
               (1)  voting early by personal appearance;
               (2)  voting on election day; or
               (3)  voting by mail from an address other than the
  residential care facility, including from the address of a family
  member designated under Section 84.002.
         Sec. 107.017.  RULES. The secretary of state shall adopt
  rules and prescribe procedures for voting at a residential care
  facility in accordance with this chapter.
         SECTION 4.  Subchapter A, Chapter 241, Health and Safety
  Code, is amended by adding Section 241.0071 to read as follows:
         Sec. 241.0071.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING EARLY VOTING. A hospital must comply with Chapter 107,
  Election Code.
         SECTION 5.  Subchapter A, Chapter 242, Health and Safety
  Code, is amended by adding Section 242.0181 to read as follows:
         Sec. 242.0181.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING EARLY VOTING. An institution must comply with Chapter
  107, Election Code.
         SECTION 6.  Subchapter A, Chapter 246, Health and Safety
  Code, is amended by adding Section 246.0041 to read as follows:
         Sec. 246.0041.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING EARLY VOTING. A facility must comply with Chapter 107,
  Election Code.
         SECTION 7.  Subchapter A, Chapter 247, Health and Safety
  Code, is amended by adding Section 247.008 to read as follows:
         Sec. 247.008.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING EARLY VOTING. An assisted living facility must comply
  with Chapter 107, Election Code.
         SECTION 8.  Subchapter A, Chapter 248, Health and Safety
  Code, is amended by adding Section 248.004 to read as follows:
         Sec. 248.004.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING EARLY VOTING. A special care facility must comply with
  Chapter 107, Election Code.
         SECTION 9.  Chapter 105, Human Resources Code, is amended by
  adding Section 105.004 to read as follows:
         Sec. 105.004.  COMPLIANCE WITH CERTAIN REQUIREMENTS
  REGARDING EARLY VOTING. An establishment must comply with Chapter
  107, Election Code.
         SECTION 10.  Sections 241.0071, 242.0181, 247.008, and
  248.004, Health and Safety Code, as added by this Act, apply only to
  a license issued or renewed on or after the effective date of this
  Act. A license issued or renewed before that date is governed by
  the law in effect on the date the license was issued or renewed, and
  the former law is continued in effect for that purpose.
         SECTION 11.  This Act takes effect September 1, 2017.