The bill, S.B. No. 760, aims to enhance the process for residents of long-term care facilities—specifically assisted living, nursing, and intermediate care facilities—when applying for mail-in ballots. It introduces new definitions and procedures for early voting clerks and the Health and Human Services Commission (HHSC). Notably, the bill mandates that if an early voting clerk receives a mail-in ballot application from a resident of a long-term care facility, they must notify the HHSC. The HHSC is then required to inform the respective facility about the request, which must lead to the facility determining if the resident has a legal guardian or agent. If so, the facility must notify the guardian or agent within five business days.

Additionally, the bill establishes compliance audits to ensure that facilities adhere to these notification requirements, with audits covering at least 2.5% of licensed facilities after each primary and general election. The bill also amends existing laws to include these new provisions, ensuring that failure to comply with the new notification requirements can lead to penalties for the facilities involved. The changes will take effect on September 1, 2025, and will apply to applications submitted on or after that date.

Statutes affected:
Introduced: Election Code 84.014, Health and Safety Code 247.041, Health and Safety Code 252.035 (Health and Safety Code 247, Election Code 84, Health and Safety Code 252)