HB 4898

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
(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
SECTION 2.  Sections 86.002(b) and (g), Election Code, are
(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
(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
(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
(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
(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
SECTION 5.  Sections 86.010(c) and (e), Election Code, are
(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
(2)  the relationship of the person providing the
(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;
(3)  indicating the relationship of that person to the
(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.
________________________________
By: ____________________________
voter, if applicable (see Ballot
_______________________________
Printed name of person assisting
_______________________________
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
(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
(4)  the prohibition prescribed by Section 86.006(e);
(5)  the offenses prescribed by Sections 86.006(f) and
(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
(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
[(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
SECTION 7.  Section 86.014(b), Election Code, is amended to
(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
SECTION 8.  Section 87.027(i), Election Code, is amended to
(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
(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
(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
(a-1)  The early voting ballot board shall place each
signature sheet in its original carrier envelope for retention for
SECTION 11.  Section 87.043(a), Election Code, is amended to
(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
SECTION 12.  Section 87.0431(b), Election Code, is amended
(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:
(2)  the voter already voted in person in the same
(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
(5)  the carrier envelope certificate was improperly
(6)  the early voting ballot board or the signature
verification committee determined that another violation of the
SECTION 13.  Section 87.044, Election Code, is amended to
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
(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
Sec. 101.105.  BALLOTING MATERIALS TO BE SENT BY
E-MAIL.  Balloting materials to be sent by e-mail under this
(2)  ballot instructions, including instructions that
inform a voter that the ballot must be returned by mail to be
(3)  instructions prescribed by the secretary of state
(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
SECTION 16.  Section 103.004(c), Election Code, is amended
(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
(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
(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
(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
(2)  the confirmation form required by Section 15.051;
(3)  the voting instruction poster required by Section
(4)  the reasonable impediment declaration required by
(5)  the statement of residence form required by
(6)  the provisional ballot affidavit required by
(7)  the application for a ballot by mail required by
(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
SECTION 20.  Section 86.011(d), Election Code, is repealed.
SECTION 21.  This Act takes effect September 1, 2025.