S.B. No. 1599

Statutes affected:
Introduced: Election Code 66.026, Election Code 84.032, Election Code 84.036, Election Code 86.015, Election Code 87.0271, Election Code 87.0411 (Election Code 86, Election Code 66, Election Code 84, Election Code 87)
Senate Committee Report: Election Code 66.026, Election Code 84.032, Election Code 84.036, Election Code 86.015, Election Code 87.0271, Election Code 87.0411 (Election Code 86, Election Code 66, Election Code 84, Election Code 87)
Engrossed: Election Code 66.026, Election Code 84.032, Election Code 84.036, Election Code 86.015, Election Code 87.0222, Election Code 87.0241, Election Code 87.0271, Election Code 87.0411 (Election Code 86, Election Code 66, Election Code 84, Election Code 87)
House Committee Report: Election Code 66.026, Election Code 84.032, Election Code 84.036, Election Code 86.015, Election Code 87.0222, Election Code 87.0241, Election Code 87.0271, Election Code 87.0411 (Election Code 86, Election Code 66, Election Code 84, Election Code 87)
Enrolled: Election Code 66.026, Election Code 84.032, Election Code 84.036, Election Code 86.015, Election Code 87.0222, Election Code 87.0241, Election Code 87.0271, Election Code 87.0411 (Election Code 86, Election Code 66, Election Code 84, Election Code 87)

	AN ACT
	relating to ballots voted by mail.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 66.026, Election Code, is amended to
	read as follows:
	Sec. 66.026.  CONTENTS OF BALLOT BOX NO. 4.  Ballot box no. 4
	must contain:
	(1)  the original of the ballot register;
	(2)  the register of spoiled ballots;
	(3)  any spoiled ballots;
	(4)  any ballot to be voted by mail returned at the
	polling place;
	(5) [(4)]  any defectively printed ballots;
	(6) [(5)]  any envelope containing cancellation
	requests and canceled ballots; and
	(7) [(6)]  any other unused ballots.
	SECTION 2.  Section 84.032, Election Code, is amended by
	adding Subsection (d-1) to read as follows:
	(d-1)  An election officer shall maintain a register of
	ballots to be voted by mail returned at a polling place under
	Subsection (d).  An election officer shall enter on the register the
	name of each voter who returns a ballot to be voted by mail and the
	ballot's number.  The secretary of state shall adopt a form to be
	used for this purpose.
	SECTION 3.  Section 84.036, Election Code, is amended to
	read as follows:
	Sec. 84.036.  DISPOSITION OF RETURNED BALLOT.  (a) If an
	early voting ballot sent to an applicant whose application is
	canceled is returned to the early voting clerk as a marked ballot,
	the ballot shall be treated as a marked ballot not timely returned.
	(b)  After making the appropriate entry on a register
	maintained under Section 84.032(d-1), an election officer shall
	deposit a ballot to be voted by mail returned at a polling place
	under Section 84.032(d) in ballot box no. 4.
	SECTION 4.  Section 86.008, Election Code, is amended to
	read as follows:
	Sec. 86.008.  OPPORTUNITY TO CORRECT DEFECT: [DEFECTIVE]
	APPLICATION.  (a)  This section applies to an application for a
	ballot to be voted by mail for which the applicant failed to comply
	with a requirement provided by Section 84.002, 84.0021, or
	84.003(a) in a manner that would lead, if not corrected, to the
	rejection of the applicant's application.
	(a-1)  Not later than the second day after the early voting
	clerk discovers a defect described by Subsection (a), the early
	voting clerk shall:
	(1)  determine if it would be possible for the
	applicant to correct the defect and return an application form by
	mail before the deadline provided by Section 84.007(c) or
	86.0015(b-1), as applicable; and
	(2)  notwithstanding any other law, if the clerk
	determines it would be possible to correct the defect and return an
	application form before the deadline provided by Section 84.007(c)
	or 86.0015(b-1), either return the application to the applicant or
	[If on reviewing an application for a ballot to be voted by mail
	that was received on or before the 18th day before election day the
	early voting clerk determines that the application does not fully
	comply with the applicable requirements prescribed by this title,
	the clerk shall mail or otherwise] deliver an official application
	form to the applicant.
	(b)  The clerk shall include with the returned application or
	an application form [mailed or] delivered to the applicant under
	Subsection (a-1)(2) a written notice containing:
	(1)  a brief explanation of each defect in the
	noncomplying application;
	(2)  a statement informing the voter that the voter is
	not entitled to vote an early voting ballot unless the application
	complies with all legal requirements; and
	(3)  instructions for submitting the corrected or
	second application.
	(c)  If the early voting clerk determines that it would not
	be possible for the applicant to correct the defect and return an
	application form by mail before the deadline provided by Section
	84.007(c) or 86.0015(b-1), as applicable, [an application that does
	not fully comply with the applicable requirements prescribed by