85R2833 GRM-D     By: Ortega H.B. No. 956       A BILL TO BE ENTITLED   AN ACT   relating to early voting by mail by any qualified voter.          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 C, Chapter   56, 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 C, Chapter 56, 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;                (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, 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); and                (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].          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; 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 a statement informing the applicant that failure to   furnish that information does not invalidate the application;                      (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, 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 confined   [applying on the ground of confinement] in jail as described by   Section 84.009(a) 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)  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.  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 9.  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); or                (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, 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.          SECTION 10.  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 11.  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; and                (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.          SECTION 12.  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 13.  Sections 82.001, 82.002, 82.003, 82.004,   84.002(b), and 112.002(b), Election Code, are repealed.          SECTION 14.  The changes in law made by this Act apply only   to an election ordered on or after September 1, 2017.          SECTION 15.  This Act takes effect September 1, 2017.