89R15695 JDK-F     By: Bucy H.B. No. 4898       A BILL TO BE ENTITLED   AN ACT   relating to early voting ballots voted by mail.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 64.0322(b), Election Code, is amended to   read as follows:          (b)  The secretary of state shall prescribe the form required   by this section.  The form must be incorporated into the official   carrier envelope or signature sheet contained in the official   carrier envelope if the voter is voting an early voting ballot by   mail and receives assistance under Section 86.010, or must be   submitted to an election officer at the time the voter casts a   ballot if the voter is voting at a polling place or under Section   64.009.          SECTION 2.  Sections 86.002(b) and (g), Election Code, are   amended to read as follows:          (b)  Before providing the balloting materials to the voter,   the clerk shall enter on the signature sheet contained in the   carrier envelope the identity and date of the election.          (g)  The signature sheet contained in the carrier envelope   must include a space [that is hidden from view when the envelope is   sealed] for the voter to enter the following information:                (1)  the number of the voter's driver's license,   election identification certificate, or personal identification   card issued by the Department of Public Safety;                (2)  if the voter has not been issued a number described   by Subdivision (1), the last four digits of the voter's social   security number; or                (3)  a statement by the applicant that the applicant   has not been issued a number described by Subdivision (1) or (2).          SECTION 3.  Section 86.005(c), Election Code, is amended to   read as follows:          (c)  After marking the ballot, the voter must place it in the   official ballot envelope and then seal the ballot envelope, place   the ballot envelope in the official carrier envelope, [and then   seal the carrier envelope, and] sign the certificate on the   signature sheet [carrier envelope] using ink on paper, place the   completed signature sheet in the official carrier envelope, and   then seal the carrier envelope.  An electronic signature or   photocopied signature is not permitted.          SECTION 4.  Sections 86.0051(a) and (b), Election Code, are   amended to read as follows:          (a)  A person commits an offense if the person acts as a   witness for a voter in signing the certificate on the signature   sheet contained in the carrier envelope and knowingly fails to   comply with Section 1.011.          (b)  A person other than the voter who assists a voter by   depositing the carrier envelope in the mail or with a common or   contract carrier or who obtains the carrier envelope for that   purpose must provide the person's signature, printed name, and   residence address on the signature sheet contained in the carrier   [reverse side of the] envelope.  The person must sign the envelope   using ink on paper.  An electronic signature or photocopied   signature is not permitted.          SECTION 5.  Sections 86.010(c) and (e), Election Code, are   amended to read as follows:          (c)  The person assisting the voter must sign a written oath   prescribed by Section 64.034 that is part of the certificate on the   signature sheet contained in the official carrier envelope.          (e)  A person who assists a voter to prepare a ballot to be   voted by mail shall enter on the signature sheet contained in the   official carrier envelope of the voter:                (1)  the person's signature, printed name, and   residence address;                (2)  the relationship of the person providing the   assistance to the voter; and                (3)  whether the person received or accepted any form   of compensation or other benefit from a candidate, campaign, or   political committee in exchange for providing assistance.          SECTION 6.  Section 86.013, Election Code, is amended by   amending Subsections (b), (c), (d), (e), (f), and (g) and adding   Subsection (h) to read as follows:          (b)  Spaces must appear on the signature sheet contained in   [reverse side of] the official carrier envelope for:                (1)  indicating the identity and date of the election;                (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;   and                (3)  indicating the relationship of that person to the   voter.          (c)  A certificate in substantially the following form must   be printed on the signature sheet contained in [the reverse side of]   the official carrier envelope [in a manner that requires the voter   to sign across the flap of the envelope]:          "I certify that the enclosed ballot expresses my wishes   independent of any dictation or undue persuasion by any person.                                        ________________________________                                        Signature of voter                                        By: ____________________________                                        Signature of person assisting                                        voter, if applicable (see Ballot                                        Envelope for restrictions and                                        penalties)                                        _______________________________                                        Printed name of person assisting                                        voter, if applicable                                        _______________________________                                        Residence address of person                                        assisting voter, if applicable"          (d)  The following textual material, as prescribed by the   secretary of state, must be printed on the signature sheet   contained in [reverse side of] the official carrier envelope [or on   a separate sheet accompanying the carrier envelope] when it is   provided:                (1)  the prohibition prescribed by Section 86.006(b);                (2)  the conditions for delivery by common or contract   carrier prescribed by Sections 81.005 and 86.006;                (3)  the requirements for the legal execution of   balloting materials and the delivery of the carrier envelope,   including the prohibition on compensation for depositing carrier   envelopes containing ballots voted by other persons under Section   86.0052;                (4)  the prohibition prescribed by Section 86.006(e);   and                (5)  the offenses prescribed by Sections 86.006(f) and   86.010(f).          (e)  The following notice must be printed on the signature   sheet contained in [reverse side of] the official carrier envelope,   near the space provided for the voter's signature:  "This envelope   must be sealed by the voter before it leaves the voter's hands.  Do   not sign this [envelope] unless the ballot has been marked by you or   at your direction."          (f)  The oath of a person assisting a voter must be included   on the signature sheet contained in the official carrier envelope   as part of the certificate prescribed by Subsection (c).          (g)  The secretary of state by rule shall require that a   notice informing voters of the telephone number established under   Section 31.0055 and the purpose of the telephone number be printed   on the signature sheet[:                [(1)  the official carrier envelope; or                [(2)  an insert] enclosed with the balloting materials   for voting by mail sent to the voter.          (h)  The secretary of state shall prescribe the form and   content of the signature sheet that satisfies requirements of this   code.          SECTION 7.  Section 86.014(b), Election Code, is amended to   read as follows:          (b)  Originals of the applications, [and] carrier envelopes,   and signature sheets are not available for public inspection until   those materials are delivered to the general custodian of election   records after the election.          SECTION 8.  Section 87.027(i), Election Code, is amended to   read as follows:          (i)  The signature verification committee shall open each   voter's carrier envelope and compare the signature on the [each   carrier envelope] certificate on each voter's signature sheet,   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 voter.  The committee may also compare the   signatures with any known signature of the voter on file with the   county clerk or voter registrar to determine whether the signatures   are those of the voter.  Except as provided by Subsection (l), a   determination under this subsection that the signatures are not   those of the voter must be made by a majority vote of the   committee's membership. After the committee completes its review,   the committee shall place the voter's signature sheet back in its   original carrier envelope, seal the carrier envelope, and document   the seal number used for the carrier envelope on the jacket   envelope.  The committee shall place the jacket envelopes, carrier   envelopes, and applications of voters whose signatures are not   those of the voter in separate containers from those of voters whose   signatures are those of the voter.  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 9.  Section 87.041(a), Election Code, is amended to   read as follows:          (a)  The early voting ballot board shall open each jacket and   carrier envelope for an early voting ballot voted by mail and   determine whether to accept the voter's ballot.          SECTION 10.  Section 87.042, Election Code, is amended by   amending Subsection (a) and adding Subsection (a-1) to read as   follows:          (a)  The early voting ballot board shall open each carrier   envelope containing an accepted ballot [without defacing the   certificate on the carrier envelope] and remove the ballot envelope   from the carrier envelope.          (a-1)  The early voting ballot board shall place each   signature sheet in its original carrier envelope for retention for   the preservation period.          SECTION 11.  Section 87.043(a), Election Code, is amended to   read as follows:          (a)  The early voting ballot board shall place each signature   sheet in its original carrier envelope, place the carrier envelopes   containing rejected ballots in an envelope, and [shall] seal the   envelope.  More than one envelope may be used if necessary.  The   board shall keep a record of the number of rejected ballots in each   envelope.          SECTION 12.  Section 87.0431(b), Election Code, is amended   to read as follows:          (b)  The early voting clerk shall, not later than the 30th   day after election day, deliver notice to the attorney general,   including certified copies of the carrier envelope and   corresponding ballot application, of any ballot rejected because:                (1)  the voter was deceased;                (2)  the voter already voted in person in the same   election;                (3)  the signatures on the carrier envelope certificate   and ballot application were not executed by the same person;                (4)  the carrier envelope certificate lacked a witness   signature;                (5)  the carrier envelope certificate was improperly   executed by an assistant; or                (6)  the early voting ballot board or the signature   verification committee determined that another violation of the   Election Code occurred.          SECTION 13.  Section 87.044, Election Code, is amended to   read as follows:          Sec. 87.044.  DISPOSITION OF APPLICATION.  (a)  The early   voting ballot board shall place each application for a ballot voted   by mail in its corresponding jacket envelope.  For a ballot voted   under Chapter 101 or 105, the board shall also place the copy of the   voter's federal postcard application or signature cover sheet in   the same location as the carrier envelope.  If the voter's ballot   was accepted, the board shall also place the carrier envelope and   its included signature sheet in the jacket envelope.  However, if   the jacket envelope is to be used in a subsequent election, the   carrier envelope and its included signature sheet shall be retained   elsewhere.          (b)  A board member shall deliver the jacket envelope,   carrier envelope and its included signature sheet, and application   in a container other than that used for the voted ballots to the   general custodian of election records, to be retained for the   period for preserving the precinct election records.          SECTION 14.  Sections 87.126(a) and (a-1), Election Code,   are amended to read as follows:          (a)  The early voting clerk may electronically record   applications for a ballot to be voted by mail, jacket envelopes,   carrier envelopes, signature sheets, and ballots.          (a-1)  Electronic records made under this section shall   record both sides of any application, envelope, signature sheet, or   ballot recorded, and all such records shall be provided to the early   voting ballot board, the signature verification committee, or both.          SECTION 15.  Section 101.105, Election Code, is amended to   read as follows:          Sec. 101.105.  BALLOTING MATERIALS TO BE SENT BY   E-MAIL.  Balloting materials to be sent by e-mail under this   subchapter 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:                      (A)  how to print a return envelope from the   federal Voting Assistance Program website; and                      (B)  how to create a [carrier envelope or]   signature sheet for the ballot; and                (4)  a list of certified write-in candidates, if   applicable.          SECTION 16.  Section 103.004(c), Election Code, is amended   to read as follows:          (c)  The voter must mark and seal the ballot in the same   manner as if early voting by mail except that the [certificate on   the] carrier envelope certificate need not be completed.          SECTION 17.  Section 104.004(c), Election Code, is amended   to read as follows:          (c)  The voter must mark and seal the ballot in the same   manner as if voting by mail except that the [certificate on the]   carrier envelope certificate need not be completed.          SECTION 18.  Section 113.005(c), Election Code, is amended   to read as follows:          (c)  The voter must mark and seal the ballot in the same   manner as if voting by mail except that the [certificate on the]   carrier envelope certificate need not be completed.          SECTION 19.  Section 272.011(b), Election Code, is amended   to read as follows:          (b)  The secretary of state shall prepare the translation for   election materials required to be provided in a language other than   English or Spanish for the following state prescribed voter forms:                (1)  voter registration application form required by   Section 13.002;                (2)  the confirmation form required by Section 15.051;                (3)  the voting instruction poster required by Section   62.011;                (4)  the reasonable impediment declaration required by   Section 63.001(b);                (5)  the statement of residence form required by   Section 63.0011;                (6)  the provisional ballot affidavit required by   Section 63.011;                (7)  the application for a ballot by mail required by   Section 84.011;                (8)  the carrier envelope, signature sheet, and voting   instructions required by Section 86.013; and                (9)  any other voter forms that the secretary of state   identifies as frequently used and for which state resources are   otherwise available.          SECTION 20.  Section 86.011(d), Election Code, is repealed.          SECTION 21.  This Act takes effect September 1, 2025.