HB 2082

relating to ensuring access to the right to vote by all eligible
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REGISTRATION OF VOTERS
SECTION 1.01.  Section 11.002(a), Election Code, is amended
(a)  In this code, "qualified voter" means a person who:
(1)  is 18 years of age or older;
(2)  is a United States citizen;
(3)  has not been determined by a final judgment of a
court exercising probate jurisdiction to be:
(A)  totally mentally incapacitated; or
(B)  partially mentally incapacitated without the
(4)  has not been finally convicted of a felony or, if
so convicted, is not currently incarcerated for that offense [has:
[(A)  fully discharged the person's sentence,
including any term of incarceration, parole, or supervision, or
completed a period of probation ordered by any court; or
[(B)  been pardoned or otherwise released from the
(5)  is a resident of this state; and
SECTION 1.02.  Subchapter A, Chapter 12, Election Code, is
amended by adding Section 12.007 to read as follows:
Sec. 12.007.  CERTAIN ELECTION OFFICERS ARE VOTER
REGISTRARS.  The registrar shall appoint at least one election
officer serving each polling place for early voting by personal
appearance or on election day as a regular deputy registrar.
SECTION 1.03.  Subchapter A, Chapter 13, Election Code, is
amended by adding Section 13.009 to read as follows:
Sec. 13.009.  ELECTRONIC VOTER REGISTRATION.  (a)  The
secretary of state shall work with the Department of Public Safety
and the Department of Information Resources to implement a program
to allow a person to complete a voter registration application over
the Internet from the official website of this state.  The Internet
websites of the secretary of state, the Department of Public
Safety, and each voter registration agency under Section 20.001(a)
must also provide a link to the location of the application on the
official website of this state.
(b)  An applicant for electronic voter registration who has
an unexpired driver's license or personal identification card
(1)  attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
(2)  affirmatively consent to the use of the signature
on the applicant's driver's license or personal identification card
for voter registration purposes.
(c)  An applicant for electronic voter registration who does
not have an unexpired driver's license or personal identification
card issued in this state must:
(1)  attest to the truth of the information provided on
the application by affirmatively accepting the information as true;
(2)  digitally sign the applicant's application before
(d)  For each application submitted under Subsection (b),
the program shall require that a digital copy of the applicant's
signature be obtained from the Department of Public Safety.
(e)  A digital signature given as provided by secretary of
state rule meets the signature requirement under Section 13.002(b).
An application submitted under this section is considered for all
purposes an application submitted by mail under this title.
(f)  The secretary of state shall adopt rules as necessary to
implement this section, including rules to provide for additional
security measures necessary to ensure the accuracy and integrity of
applications submitted electronically.
(g)  The rules adopted under Subsection (f) must require
(1)  the Internet website through which a person may
complete a voter registration application include a description of
the offense described by Section 13.007 in a conspicuous location
on the website near the place where the person begins or submits the
(2)  the state electronic Internet portal project be
used to authenticate the identity and address of a person who
submits an application electronically under this section.
SECTION 1.04.  Subchapter A, Chapter 13, Election Code, is
amended by adding Sections 13.010 and 13.011 to read as follows:
Sec. 13.010.  VOTER REGISTRATION THROUGH DEPARTMENT OF
PUBLIC SAFETY.  (a) The voter registrar of each county shall
automatically register any county resident who is eligible to vote
as provided by Section 13.001 and:
(1)  is issued a Texas driver's license or a personal
identification card by the Department of Public Safety; or
(2)  makes a change to a Texas driver's license or
personal identification card issued by the Department of Public
(b)  A driver's license or personal identification card
transaction with an indication provided by Section 20.062(b) or
20.063(c) that the transaction is not for voter registration
purposes is not subject to this section.
Sec. 13.011.  VOTER REGISTRATION THROUGH CERTAIN VOTER
REGISTRATION AGENCIES.  (a) The voter registrar of each county
shall automatically register any county resident who is eligible to
vote as provided by Section 13.001 and applies for services from a
voter registration agency under Subchapter B, Chapter 20.
(b)  An application for services is not subject to this
section if the application is accompanied by:
(1)  an indication under Section 20.002(b) that the
transaction is not for voter registration; or
(2)  a declination form under Section 20.036.
(c)  The secretary of state shall prescribe procedures for
the implementation of this section.
SECTION 1.05.  Section 13.031, Election Code, is amended by
adding Subsection (f) to read as follows:
(f)  A volunteer deputy registrar appointed under this
section may serve as a volunteer deputy registrar throughout the
state regardless of which county appointed the deputy registrar.
The secretary of state shall prescribe procedures to implement this
SECTION 1.06.  Section 13.033(b), Election Code, is amended
(b)  If a person is to be appointed, the registrar shall
prepare a certificate of appointment in duplicate containing:
(2)  the statement: "I, ____________, Voter Registrar
for ____________ County, do hereby appoint ____________ as a
volunteer deputy registrar [for ____________ County].";
(3)  the person's residence address;
(4)  the person's voter registration number, if any;
(5)  a statement that the term of the appointment
expires December 31 of an even-numbered year; and
(6)  a statement that the appointment terminates on the
person's final conviction for an offense for failure to deliver a
registration application and may terminate on the registrar's
determination that the person failed to adequately review a
registration application, intentionally destroyed or physically
altered a registration application, or engaged in any other
activity that conflicts with the responsibilities of a volunteer
deputy registrar under this chapter.
SECTION 1.07.  Section 13.037(a), Election Code, is amended
(a)  A person may not receive compensation from any [the]
county for service as a volunteer deputy registrar unless
compensation is authorized by the commissioners court of that
SECTION 1.08.  Section 13.038, Election Code, is amended to
Sec. 13.038.  POWERS GENERALLY.  (a)  A volunteer deputy
registrar may distribute voter registration application forms
throughout the county and receive registration applications
submitted to the deputy in person.
(b)  A volunteer deputy registrar may distribute a voter
registration application in the form prescribed by the secretary of
state under Section 31.002 throughout the state and receive an
application in that form submitted to the deputy in person,
regardless of the county in which the application was printed.
(c)  The secretary of state shall prescribe procedures to
SECTION 1.09.  Section 13.046(h), Election Code, is amended
(h)  The secretary of state shall:
(1)  consult with the Texas Education Agency regarding
the number of registration application forms to provide to each
(2)  provide to each high school registration
application forms once each fall and spring semester in the number
determined from the consultation under Subdivision (1); and
(3)  prescribe any additional procedures necessary to
SECTION 1.10.  Section 20.001(a), Election Code, is amended
(a)  The following state agencies are designated as voter
(1)  Health and Human Services Commission;
(2)  Department of Aging and Disability Services;
(3)  Department of Assistive and Rehabilitative
(4)  Department of State Health Services; [and]
(5)  Texas Workforce Commission; and
(6)  any other agency or program as determined by the
secretary of state that primarily provides:
(B)  services to persons with disabilities.
SECTION 1.11.  Section 20.002, Election Code, is amended to
Sec. 20.002.  AGENCY-PRESCRIBED REGISTRATION APPLICATION
FORM.  (a)  A voter registration agency under this subchapter shall
prescribe and use a form and procedure that combines a form for
services from that agency with an officially prescribed voter
(b)  A voter registration agency under this subchapter shall
prescribe and use a form and procedure that requests a person's
address and that combines agency and voter registration functions.
The form must allow a person to indicate that a change of address is
not for voter registration purposes.
(c)  The design, content, and physical characteristics of
the agency forms must be [Instead of using the official voter
registration application form prescribed by the secretary of state,
a voter registration agency may use an official form prescribed by
the agency, if] approved by the secretary of state.
SECTION 1.12.  Section 20.032(a), Election Code, is amended
(a)  An appropriate agency employee shall [routinely] inform
each person who applies in person for agency services of the
opportunity to complete a voter registration application form and
[on request] shall provide nonpartisan voter registration
SECTION 1.13.  Section 20.061, Election Code, is amended to
Sec. 20.061.  APPLICABILITY OF OTHER PROVISIONS.  The other
provisions of this chapter apply to the Department of Public Safety
except provisions that conflict with this subchapter or Section
SECTION 1.14.  Section 20.062(b), Election Code, is amended
(b)  The department shall prescribe and use a change of
address form and procedure that combines department and voter
registration functions.  The form must allow a licensee or
cardholder to indicate that [whether] the change of address is not
[also to be used] for voter registration purposes.
SECTION 1.15.  Section 20.063, Election Code, is amended to
Sec. 20.063.  REGISTRATION PROCEDURES.  (a)  The Department
of Public Safety shall consider an application made in person, by
mail, or online at the department's Internet website [provide to
each person who applies in person at the department's offices] for
an original or renewal of a driver's license, a personal
identification card, or a duplicate or corrected license or card by
a person who is eligible to vote as provided by Section 13.001 an
application for [opportunity to complete a] voter registration.
The date of application is considered to be the date of submission
to the voter registrar for the purpose of determining the effective
date of registration [application form].
(b)  The Department of Public Safety shall consider a change
of address that relates to [When the department processes] a
license or card and that is submitted to [for renewal by mail,] the
department [shall deliver to the applicant by mail a voter
[(c)  A change of address that relates to a license or card
and that is submitted to the department] in person, [or] by mail, or
online at the department's Internet website [serves] as a change in
[of address for] voter registration [unless the licensee or
cardholder indicates that the change is not for voter registration
purposes].  The date of submission of a change of address to a
department employee is considered to be the date of submission to
the voter registrar for the purpose of determining the effective
(c)  The registration of an eligible [(d)  If a completed]
voter as required by Subsections (a) and (b) is automatic unless the
person indicates that the transaction is not for voter
registration purposes [application submitted to a department
employee does not include the applicant's correct driver's license
number or personal identification card number, a department
employee shall enter the appropriate information on the
application.  If a completed application does not include the
applicant's correct residence address or mailing address, a
department employee shall obtain the appropriate information from
the applicant and enter the information on the application].
SECTION 1.16.  Section 20.065(b), Election Code, is amended
(b)  Each weekday the department is regularly open for
business, the department shall electronically transfer to the
secretary of state the name and information designated by the
secretary of state for [of each person who completes a] voter
registration for each individual who is eligible to vote as
provided by Section 13.001 and applies in person, by mail, or online
at the department's Internet website for an original or renewal of a
driver's license, a personal identification card, or a duplicate or
corrected license or card [application submitted to the
department].  The secretary shall prescribe procedures necessary to
SECTION 1.17.  Chapter 63, Election Code, is amended by
adding Section 63.010 to read as follows:
Sec. 63.010.  REGISTRATION AT POLLING PLACE; VOTING
PROCEDURES.  (a)  Other applicable provisions of this code apply to
the conduct of voting and to the registration of voters under this
section to the extent those provisions do not conflict with this
(b)  A person who would be eligible to vote in an election
under Section 11.001, but for the requirement to be a registered
voter, shall be accepted for voting at a polling place at which the
person would be allowed to vote if registered if, on the day the
person offers to vote, the person:
(1)  submits a voter registration application that
complies with Section 13.002 to a voter registrar at the polling
(2)  presents as proof of identification:
(A)  a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety that states the person's current address on the day
(B)  a utility bill addressed to the person dated
not earlier than the 30th day before the date the person seeks to
(i)  a Texas driver's license, including a
temporary license or instruction permit, or personal
identification card issued to the person by the Department of
Public Safety, regardless of whether the address stated on the
license or card is current on the day the person seeks to vote;
(ii)  a United States passport issued to the
(iii)  a United States military
identification card that contains the person's photograph; and
(3)  executes an affidavit stating that the person:
(A)  is eligible to vote in the election; and
(B)  is voting only once in the election.
(c)  Persons voting under this section shall be processed
separately at the polling place from persons who are voting under
(d)  The secretary of state shall adopt rules to ensure the
accountability of election officers and to fairly implement this
SECTION 1.18.  Section 85.031(a), Election Code, is amended
(a)  For each person entitled to vote an early voting ballot
by personal appearance or who is entitled to register at a polling
place, the early voting clerk shall follow the procedure for
accepting a regular voter on election day, with the modifications
necessary for the conduct of early voting.
SECTION 2.01.  Section 4.003, Election Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
(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
(2)  the location of each polling place that will be
(3)  each location that will be available to voters to
deliver a marked ballot under Section 86.006(a-5).
SECTION 2.02.  Section 13.002(e), Election Code, is amended
(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 2.03.  Section 82.005, Election Code, is amended to
Sec. 82.005.  ELIGIBILITY FOR EARLY VOTING [BY PERSONAL
APPEARANCE].  Any qualified voter is eligible for early voting by
SECTION 2.04.  Section 82.007, Election Code, is amended to
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
SECTION 2.05.  Section 84.001, Election Code, is amended by
amending Subsections (a), (b), (d), and (e) and adding Subsection
(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
(b)  Subject to Section 1.011 and except as provided by
Section 84.0091, an application must be submitted in writing and
signed by the applicant using ink on paper.  An electronic signature
or photocopied signature is not permitted except as provided by
(d)  An application must be submitted [by mail] to the early
voting clerk for the election who serves the election precinct of
(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
(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
SECTION 2.06.  Section 84.002(a), Election Code, is amended
(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
(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 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
(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
(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
[(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 2.07.  Section 84.007(a), Election Code, is amended
(a)  Except as provided by Sections 84.008, [and] 84.009, and
84.0091, an application for a ballot to be voted by mail must be
submitted as provided by this section.
SECTION 2.08.  Section 84.009, Election Code, is amended by
amending Subsection (a) and adding Subsection (b) to read as
(a)  This section applies only to an applicant who, at the
time the application for a ballot to be voted by mail is submitted,
(1)  serving a misdemeanor sentence for a term that
(2)  pending trial after denial of bail;
(3)  without bail pending an appeal of a felony
(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 2.09.  Subchapter A, Chapter 84, Election Code, is
amended by adding Section 84.0091 to read as follows:
Sec. 84.0091.  SUBMITTING APPLICATION FOR BALLOT VOTED BY
MAIL: ELECTRONIC SUBMISSION.  (a)  The secretary of state shall
allow a person to complete an application for an early voting ballot
by mail over the Internet using the online tool described by Section
(1)  permit an applicant to electronically sign the
(2)  deliver a completed application to the early
voting clerk for the election who serves the election precinct of
(3)  permit an applicant to check the status of the
(b)  The online tool must require a person to provide the
following information before allowing the person to complete an
application for an early voting ballot by mail:
(1)  the person's name and voter registration number or
(2)  the person's driver's license number or personal
identification card number issued by the Department of Public
(3)  the last four digits of the person's social
SECTION 2.10.  Section 84.011(a), Election Code, is amended
(a)  The officially prescribed application form for an early
(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:
(i)  whether the applicant will be absent
from the applicant's county of residence on election day;
(ii)  if applicable, the date on or after
which the applicant can receive mail at the address outside the
(iii)  whether the applicant wishes to
receive the balloting materials by electronic transmission and, if
so, a space for the applicant to provide an e-mail address;
(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
(i)  a statement informing the applicant
that failure to furnish that information does not invalidate the
(ii)  a statement prescribed by the
secretary of state explaining the benefits of furnishing that
information, including how that information assists the early
(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
(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 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
(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 2.11.  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 2.12.  Section 86.0015(a), Election Code, is amended
(a)  This section applies only to an application for a ballot
[(1) indicates the ground of eligibility is age or
[(2)] does not specify the election for which a ballot
is requested or has been marked by the applicant as an application
SECTION 2.13.  Section 86.003(c), Election Code, is amended
(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
(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 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)
SECTION 2.14.  Section 86.004(b), Election Code, is amended
(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 2.15.  Section 86.006, Election Code, is amended by
amending Subsections (a) and (a-1) and adding Subsections (a-3),
(a-4), (a-5), and (a-6) to read as follows:
(a)  Except as provided by Subsection (a-3), a [A] marked
ballot voted under this chapter must be returned to the early voting
clerk in the official carrier envelope.  The carrier envelope may be
delivered in another envelope and must be transported and delivered
(2)  common or contract carrier; [or]
(3)  subject to Subsections (a-1) and (a-2), in-person
delivery by the voter who voted the ballot; or
(4)  subject to Subsection (a-4), delivery to an
(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 identification
required by Section 63.001(b) in a [an acceptable] form [of
identification] described by Section 63.0101.
(a-3)  A marked ballot received through electronic
transmission as provided by Section 86.0031 shall be returned to
the early voting clerk by mail or common or contract carrier through
the procedures prescribed by the secretary of state.
(a-4)  The voter may deliver a sealed carrier envelope
containing a marked ballot to any depository box authorized by the
early voting clerk.  The early voting clerk may authorize any number
of suitable locations for placement of a depository box.
(a-5)  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 during early voting or on
(3)  any suitable location that meets criteria
prescribed by the secretary of state.
(a-6)  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-5).
SECTION 2.16.  Section 86.011, Election Code, is amended by
amending Subsection (d) and adding Subsections (e), (f), (g), (h),
(i), (j), and (k) to read as follows:
(d)  Notwithstanding any other provisions of this code, if
the clerk receives a timely carrier envelope that does not fully
comply with the applicable requirements prescribed by this title,
the clerk, not later than the second day after the date the clerk
discovers the defect and before the time of delivery under
Subchapter B, Chapter 87, shall send [may deliver the carrier
envelope in person or by mail to] the voter a notice of the defect
and a corrective action form developed by the secretary of state
under Subsection (g) by mail or by common or contract carrier.
(e)  The early voting clerk shall include with the notice
delivered to the voter under Subsection (d):
(1)  a brief explanation of each defect in the
(2)  a notice that the voter may:
(A)  [and may receive, before the deadline, the
corrected carrier envelope from the voter, or the clerk may notify
the voter of the defect by telephone and advise the voter that the
voter may come to the clerk's office in person to correct the defect
or] cancel the voter's application to vote by mail in the manner
described by Section 84.032; or
(B)  correct the defect in the voter's ballot by:
(i)  submitting a corrective action form
developed and made available by the secretary of state under
Subsection (g) by mail or by common or contract carrier; or
(ii)  coming to the early voting clerk's
office not later than the sixth day after election day [and vote on
(f)  If the early voting clerk determines that it would not
be possible for the voter to receive the notice of defect within a
reasonable time to correct the defect, the clerk may notify the
voter of the defect by telephone or e-mail and inform the voter that
the voter may request to have the voter's application to vote by
mail canceled in the manner described by Section 84.032, submit a
corrective action form developed by the secretary of state under
Subsection (g) by mail or by common or contract carrier, or come to
the early voting clerk's office in person not later than the sixth
day after election day to correct the defect.
(g)  The secretary of state shall develop a corrective action
form that may be completed and submitted to an early voting clerk
under this section to correct a defect.
(h)  If the early voting clerk takes an action described by
Subsection (d), the clerk must take either action described by that
subsection with respect to each ballot in the election to which this
section applies [procedures authorized by this subsection are used,
they must be applied uniformly to all carrier envelopes covered by
(i)  A poll watcher is entitled to observe an action taken
under Subsection (d) or (f) [the procedures under this subsection].
(j)  The early voting clerk shall:
(1)  in addition to sending the voter notice of the
defect under Subsection (d) or notifying the voter of the defect by
telephone or e-mail under Subsection (f), notify the voter of a
defect discovered under this section using the online tool
described by Section 86.015; and
(2)  if possible, permit the voter to correct a defect
using the online tool described by Section 86.015.
(k)  The secretary of state may prescribe any [other]
procedures necessary to implement this section [subsection
including requirements for posting notice of any deliveries].
SECTION 2.17.  Section 86.015(a), Election Code, is amended
(a)  The secretary of state shall develop or otherwise
provide an online tool to each early voting clerk on the secretary's
Internet website and on the county's Internet website if the early
voting clerk is the county clerk of a county that maintains an
Internet website that enables a person who submits an application
for a ballot to be voted by mail to:
(1)  track the location and status of the person's
(2)  receive notice of and, if possible, correct a
defect in the person's application and ballot under Sections
86.008(c-1), 86.011(j), 87.0271(e-1), and 87.0411(e-1).
SECTION 2.18.  Section 87.041(b), Election Code, is amended
(b)  A ballot may be accepted only if:
(1)  the carrier envelope certificate is properly
(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
(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
(5) [(7)]  the address to which the ballot was mailed
to the voter is an address [that is otherwise] required by Sections
[(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
SECTION 2.19.  Section 102.001(a), Election Code, is amended
(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.
ARTICLE 3. CONDUCT OF ELECTIONS
SECTION 3.01.  Section 12.004(d), Election Code, is amended
(d)  The [If early voting by personal appearance is required
to be conducted for extended hours under Section 85.005(c) or for
weekend hours under Section 85.006(e), the] registrar's office
shall remain open for providing voter registration information
during the [extended hours or weekend] hours that the main early
voting polling place is open for voting.
SECTION 3.02.  Section 13.002(i), Election Code, is amended
(i)  An applicant who wishes to receive an exemption from the
requirements of Section 63.001(b) on the basis of disability must
(A)  from the United States Social Security
Administration evidencing the applicant has been determined to have
(B)  from the United States Department of Veterans
Affairs evidencing the applicant has a disability rating of at
(2)  a statement in a form prescribed by the secretary
of state that the applicant does not have [a form of] identification
required by Section 63.001(b) in a form described by [acceptable
SECTION 3.03.  Section 19.004(a), Election Code, is amended
(a)  Except as provided by Subsection (d), state funds
disbursed under this chapter may be used only to[:
[(1)]  defray expenses of the registrar's office in
connection with voter registration, including additional expenses
(1) [(A)]  implementation of the National Voter
Registration Act of 1993 (52 U.S.C. Section 20501 et seq.);
(2) [(B)]  complying with weekly updating
(3) [(C)]  the employment of temporary voter
registration personnel for not more than 39 weeks in a state fiscal
[(2)  if the registrar's county has a population of less
than 55,000, defray the cost to the registrar's county of keeping
the polling places in the county open during the early voting period
as required under Sections 85.005(c), 85.006(e), and 85.064(d)].
SECTION 3.04.  Section 33.001, Election Code, is amended to
Sec. 33.001.  WATCHER DEFINED.  In this code, "watcher"
means a person appointed under this subchapter to observe the
conduct of an election on behalf of a candidate, a political party,
a nonpartisan election observation organization, or the proponents
SECTION 3.05.  Subchapter A, Chapter 33, Election Code, is
amended by adding Section 33.009 to read as follows:
Sec. 33.009.  APPOINTMENT BY NONPARTISAN ORGANIZATION.  (a)
A nonpartisan election observation organization that has been
certified by the secretary of state in accordance with this section
(b)  The secretary of state shall certify qualifying
nonpartisan election observation organizations within this state.
The secretary of state shall adopt rules establishing criteria to
determine whether an organization may be certified. The rules must
require the organization and its appointed nonpartisan watchers to:
(1)  be impartial in substance and process;
(2)  cooperate with election officers;
(3)  be diligent in not obstructing the process;
(4)  be independent from the government, in the
interest of promoting the right to vote;
(5)  be transparent and accountable with regard to
funding, including refusal to accept funding from any source or
under any condition that may create a conflict of interest; and
(6)  be vigilant in identifying and addressing
potential and actual conflicts of interest.
(c)  A  watcher appointed under this section is not entitled
(1)  sign the seal of a ballot box under Section
(2)  sign the seal of a test material container under
SECTION 3.06.  Section 33.031, Election Code, is amended to
Sec. 33.031.  GENERAL ELIGIBILITY REQUIREMENTS.  (a) Except
as provided by Subsection (c), to [To] be eligible to serve as
a watcher, a person must be a qualified voter:
(1)  of the county in which the person is to serve, in
an election ordered by the governor or a county authority or in a
(2)  of the part of the county in which the election is
held, in an election ordered by the governor or a county authority
that does not cover the entire county of the person's residence; and
(3)  of the political subdivision, in an election
ordered by an authority of a political subdivision other than a
(b)  In addition to the requirements of Subsection (a), to be
eligible to serve as a watcher, a person must complete training
(c)  A person appointed as a watcher under Section 33.009 is
not subject to the requirements of Subsection (a) and is eligible to
serve as a watcher if the person:
(1)  is a registered voter in this state; and
(2)  understands and agrees to comply with the
principles and practices set forth in the Declaration of Global
Principles for Non-partisan Election Observation and Monitoring by
Citizen Organizations and Code of Conduct for Non-partisan Citizen
Election Observers and Monitors, as commemorated by the United
SECTION 3.07.  Section 42.002, Election Code, is amended by
adding Subsection (c) to read as follows:
(c)  Subsection (a)(5) does not apply to an election held on
the May uniform election date by a political subdivision that:
(1)  conducts early voting by personal appearance:
(A)  at 75 percent or more of its permanent or
temporary branch polling places on the same days and during the same
hours as voting is conducted at the main early voting polling place;
(B)  at each remaining polling place for at least
two consecutive days of voting during the early voting period, and
for at least eight hours on each of the two consecutive days; or
(2)  has not established a permanent or temporary
branch early voting polling place.
SECTION 3.08.  Subchapter A, Chapter 43, Election Code, is
amended by adding Section 43.008 to read as follows:
Sec. 43.008.  CAMPUS POLLING PLACES.  (a)  In this section,
"institution of higher education" has the meaning assigned by
Section 61.003, Education Code.
(b)  The commissioners court of a county shall designate as a
polling place a number of locations on the main campus of an
institution of higher education located in the county as follows:
(1)  if at least 5,000 but fewer than 10,000 students
are enrolled at the institution, one location;
(2)  if at least 10,000 but fewer than 25,000 students
are enrolled at the institution, two locations; or
(3)  if at least 25,000 students are enrolled at the
SECTION 3.09.  Sections 63.001(b) and (i), Election Code,
are amended to read as follows:
(b)  Except as provided by Subsection (h), on offering to
vote, a voter must present to an election officer at the polling
(1)  one form of photo identification listed in Section
(2)  one form of identification listed in Section
63.0101(b)(1), (2), or (3) accompanied by the declaration described
(3)  two forms of identification listed under Section
63.0101(b), including one form that contains the voter's current
(4)  two forms of identification listed under Section
63.0101(b)(4) accompanied by the declaration described by
(i)  If the requirement for identification prescribed by
Subsection (b)(1) or (3) is not met, an election officer shall
notify the voter that the voter may be accepted for voting if the
voter meets the requirement for identification prescribed by
Subsection (b)(2) or (4) and executes a declaration declaring the
voter has a reasonable impediment to meeting the requirement for
identification prescribed by Subsection (b)(1) or (3).  A person is
subject to prosecution for perjury under Chapter 37, Penal Code, or
under Section 63.0013 for a false statement or false information on
the declaration.  The secretary of state shall prescribe the form of
the declaration.  The form shall include:
(1)  a notice that a person is subject to prosecution
for perjury under Chapter 37, Penal Code, or under Section 63.0013
for a false statement or false information on the declaration;
(2)  a statement that the voter swears or affirms that
the information contained in the declaration is true, that the
person described in the declaration is the same person appearing at
the polling place to sign the declaration, and that the voter faces
a reasonable impediment to procuring the identification prescribed
(3)  a place for the voter to indicate one of the
(B)  lack of birth certificate or other documents
needed to obtain the identification prescribed by Subsection
(D)  lost or stolen identification;
(F)  family responsibilities; and
(G)  the identification prescribed by Subsection
(b)(1) or (3) has been applied for but not received;
(4)  a place for the voter to sign and date the
(5)  a place for the election judge to sign and date the
(6)  a place to note the polling place at which the
(7)  a place for the election judge to note which form
of identification prescribed by Subsection (b)(2) or (4) the voter
SECTION 3.10.  Sections 63.0101(a) and (b), Election Code,
are amended to read as follows:
(a)  The following documentation is an acceptable form of
photo identification under this chapter:
(1)  a driver's license, election identification
certificate, or personal identification card issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
(2)  a United States military identification card that
contains the voter's [person's] photograph that has not expired or
that expired no earlier than four years before the date of
(3)  a United States citizenship certificate issued to
the voter [person] that contains the voter's [person's] photograph;
(4)  a United States passport book or card issued to the
voter [person] that has not expired or that expired no earlier than
four years before the date of presentation; [or]
(5)  a license to carry a handgun issued to the voter
[person] by the Department of Public Safety that has not expired or
that expired no earlier than four years before the date of
(6)  an official Native American identification card or
(A)  contains the voter's photograph and address;
(B)  is issued by a tribal organization or by a
tribe that is federally recognized and located in this state;
(7)  an identification card issued by a public or
private institution of higher education located in this state that
contains the voter's photograph; or
(8)  an identification card issued by a state agency of
this state that contains the voter's photograph.
(b)  The following documentation is acceptable as proof of
identification under this chapter:
(1)  a government document that shows the name and
address of the voter, including the voter's voter registration
(2)  one of the following documents that shows the name
(A)  a copy of a current utility bil