89R3008 PRL-D     By: Bucy H.B. No. 1917       A BILL TO BE ENTITLED   AN ACT   relating to early voting by mail by any qualified voter, the   electronic transmission of a ballot to a voter voting early by mail,   and 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 4.003, Election Code, is amended by   amending Subsection (b) and adding Subsection (b-1) to read as   follows:          (b)  In addition to any other notice given for an election   under Subsection (a), not later than the 21st day before election   day, a county shall post a copy of a notice of the election given by   the county or provided to the county under Section 4.008(a)[, which   must include the location of each polling place,] on the county's   Internet website, if the county maintains a website. An authority   responsible for giving notice of an election may post a copy of the   notice on the bulletin board used for posting notices of the   meetings of the governing body of the political subdivision that   the authority serves. If a county does not maintain a website, the   authority responsible for giving notice of the election shall post   a copy of a notice of the election on the bulletin board used for   posting notices of the meetings of the governing body of the   political subdivision that the authority serves. For each precinct   that is combined to form a consolidated precinct under Section   42.008, not later than the 10th day before election day, the   authority shall also post, at the polling place used in the   preceding general election, notice of the precinct's consolidation   and the location of the polling place in the consolidated precinct.   A notice posted under this subsection must remain posted   continuously through election day.          (b-1)  The notice given under Subsection (b) must include:                (1)  the location of each polling place that will be   open on election day;                (2)  the location of each polling place that will be   open for early voting; and                (3)  the location of each polling place designated for   delivering marked ballots under Section 86.006(a-3).          SECTION 2.  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 3.  Chapter 81, Election Code, is amended by adding   Section 81.006 to read as follows:          Sec. 81.006.  ACCESSIBLE ABSENTEE BALLOT SYSTEM. (a) A   person eligible for early voting by mail under Section 82.005 or   Section 101.001 as a person described by Section 101.001(2)(A) may   cast a ballot using an accessible absentee mail system,   notwithstanding any other provision of this title.          (b)  An accessible absentee mail system must be an electronic   system, including software, used for the sole purpose of enabling   any voter, including a voter who has a disability, to mark the   voter's ballot and print and submit the ballot in the manner   required by law for a ballot marked by the voter.          (c)  The secretary of state shall adopt rules and prescribe   procedures for the implementation of this section.          SECTION 4.  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 5.  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 6.  Section 84.001, Election Code, is amended by   amending Subsections (a) and (e) and adding Subsection (e-1) 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.          (e)  Except as provided by Subsection (e-1), an application   [An applicant] for a ballot to be voted by mail serves as an   application both [may apply] for a ballot [ballots] for the main   election and for any resulting runoff election [on the same   application].  If an application [for the main election and any   resulting runoff] is not timely for the main election, it will be   considered timely for any resulting runoff if received not later   than the deadline, determined using the date of the runoff   election, for submitting a regular application for a ballot to be   voted by mail.          (e-1)  An applicant for a ballot to be voted by mail for the   main election may request not to receive a ballot for a resulting   runoff election.          SECTION 7.  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 or an e-mail address for the applicant to   which the ballot is to be sent by electronic transmission;                (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);                (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 is 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 8.  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 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;                (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:                            (i)  the date on or after which the applicant   can receive mail at the address outside the county; or                            (ii)  that the applicant:                                  (a)  wishes to receive the balloting   materials by electronic transmission; and                                  (b)  has provided an e-mail address for   that electronic transmission;                      (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, 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 is 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 10.  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 11.  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 12.  Sections 86.003(a) and (c), Election Code, are   amended to read as follows:          (a)  Except as provided by Chapter 101A, the [The] balloting   materials for voting by mail shall be provided to the voter by mail.   A ballot provided by any other method may not be counted.          (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, 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 is 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 13.  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 14.  Section 86.006, Election Code, is amended by   amending Subsection (a-1) and adding Subsections (a-3) and (a-4) to   read as follows:          (a-1)  The voter may deliver a marked ballot in person to the   early voting clerk's office or to another designated location   [only] while the polls are open on election day or during the early   voting period.  A voter who delivers a marked ballot in person may   return only the voter's own ballot and must present an acceptable   form of identification described by Section 63.0101.          (a-3)  The county clerk may designate any of the following   locations for delivering marked ballots under Subsection (a-1):                (1)  the early voting clerk's office;                (2)  any polling place open for early voting or for   election day; or                (3)  any suitable location that meets criteria   prescribed by the secretary of state.          (a-4)  To ensure that locations designated for delivering   marked ballots are accessible and secure, the secretary of state   shall adopt rules establishing criteria for a location that a   county clerk may designate under Subsection (a-3).          SECTION 15.  Section 87.0223(a), Election Code, is amended   to read as follows:          (a)  If the early voting clerk has provided a voter a ballot   to be voted by mail by both regular mail and e-mail under Chapter   101A or Subchapter C, Chapter 101, the clerk may not deliver a   jacket envelope containing the early voting ballot voted by mail by   the voter to the board until:                (1)  both ballots are returned; or                (2)  the deadline for returning marked ballots under   Section 86.007 has passed.          SECTION 16.  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 17.  Section 87.0431(a), Election Code, is amended   to read as follows:          (a)  Not later than the 10th day after election day, the   presiding judge of the early voting ballot board shall deliver   written notice of the reason for the rejection of a ballot to the   voter at the residence address on the ballot application. If the   ballot was transmitted to the voter by e-mail under Chapter 101A or   Subchapter C, Chapter 101, the presiding judge shall also provide   the notice to the e-mail address to which the ballot was sent.          SECTION 18.  Subtitle B, Title 7, Election Code, is amended   by adding Chapter 101A to read as follows:   CHAPTER 101A. E-MAIL TRANSMISSION OF EARLY VOTING BALLOTING   MATERIALS TO CERTAIN VOTERS          Sec. 101A.001.  ELIGIBILITY; REQUEST FOR BALLOTING   MATERIALS. (a)  A person eligible to vote under Section 82.005 may   request from the appropriate early voting clerk e-mail transmission   of balloting materials under this chapter if the person:                (1)  has a sickness or physical condition that prevents   the person from appearing at the polling place on election day   without a likelihood of needing personal assistance or of injuring   the person's health and that originates on or after the day before   the last day for submitting an application for a ballot to be voted   by mail; or                (2)  will be absent from the person's county of   residence on election day.          (b)  The early voting clerk shall grant a request made under   this section for the e-mail transmission of balloting materials if:                (1)  the requestor has submitted a valid application   for a ballot to be voted by mail that indicates that the requestor   is a person described by Subsection (a)(1) or (2);                (2)  the requestor provides an e-mail address with the   request;                (3)  the request is submitted on or before the seventh   day before the date of the election; and                (4)  a marked ballot for the election from the   requestor has not been received by the early voting clerk.          Sec. 101A.002.  CONFIDENTIALITY OF E-MAIL ADDRESS. An   e-mail address used under this chapter to request balloting   materials is confidential and does not constitute public   information for purposes of Chapter 552, Government Code. An early   voting clerk shall ensure that a voter's e-mail address provided   under this chapter is excluded from public disclosure.          Sec. 101A.003.  ELECTIONS COVERED. Balloting materials may   be sent by e-mail under this chapter for any election in which the   voter who registers under this chapter is eligible to vote.          Sec. 101A.004.  BALLOTING MATERIALS TO BE SENT BY E-MAIL.     Balloting materials to be sent by e-mail under this chapter   include:                (1)  the appropriate ballot;                (2)  ballot instructions, including instructions that   inform a voter that the ballot must be returned by mail to be   counted;                (3)  instructions prescribed by the secretary of state   on how to create a carrier envelope or signature sheet for the   ballot; and                (4)  a list of certified write-in candidates, if   applicable.          Sec. 101A.005.  METHODS OF TRANSMISSION TO VOTER. (a)  The   balloting materials may be provided by e-mail to the voter in PDF   format, through a scanned format, or by any other method of   electronic transmission authorized by the secretary of state in   writing.          (b)  The secretary of state shall prescribe procedures for   the retransmission of balloting materials following an   unsuccessful transmission of the materials to a voter.          Sec. 101A.006.  RETURN OF BALLOT. (a)  A voter who receives   a ballot under this chapter must return the ballot in the same   manner as required under Section 101.057 except that a voter who   completes a signature sheet is not required to complete a carrier   envelope. Except as provided by Chapter 105, the voter may not   return the ballot by electronic transmission.          (b)  A ballot that is not returned as required by Subsection   (a) is considered a ballot not timely returned and is not sent to   the early voting ballot board for processing.          (c)  The deadline for the return of a ballot under this   section is the same deadline as provided in Section 86.007.          Sec. 101A.007.  RULES. The secretary of state may adopt   rules as necessary to implement this chapter.          SECTION 19.  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 that originates on or after the day before the   last day for submitting an application for a ballot to be voted by   mail.          SECTION 20.  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 84.0111;                (8)  Section 112.002(b);                (9)  Section 276.016; and                (10)  Section 276.017.          SECTION 21.  The changes in law made by this Act apply only   to an election ordered on or after September 1, 2025.          SECTION 22.  This Act takes effect September 1, 2025.