Relating to the electronic identification and tracking of early voting ballots voted by mail.

89(R) HB 952 - House Committee Report version - Bill Text

89R21034 JDK-F

By: Toth, et al.

H.B. No. 952

Substitute the following for H.B. No. 952:

By: Shaheen

C.S.H.B. No. 952

A BILL TO BE ENTITLED

AN ACT

relating to the electronic identification and tracking of early

voting ballots voted by mail.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 52, Election Code, is

amended by adding Section 52.076 to read as follows:

Sec.

52.076.

IDENTIFYING CODE FOR MAIL-IN BALLOTS. (a) In

an election in which the county clerk is the early voting clerk,

each early voting ballot voted by mail must include a scannable code

readable by an electronic device that may be used to verify the

authenticity of the ballot.

The code must correspond to the number

assigned to the ballot under Section 52.062.

(b)

No record associating an individual voter with a code

assigned to a ballot under this section may be created.

(c)

The secretary of state by rule shall provide for the

design and distribution of a system for generating and tracking

scannable codes in a manner that, to the greatest extent possible,

prevents the unauthorized reproduction or misuse of mail ballots.

SECTION 2. Section 86.001, Election Code, is amended by

adding Subsection (h) to read as follows:

(h)

If a ballot has a scannable code described by Section

52.076, the clerk shall, before providing the ballot to an

applicant, identify the code with an electronic device and make a

record indicating that a ballot with the code was issued.

SECTION 3. Section 86.013(d), Election Code, is amended to

read as follows:

(d) The following textual material, as prescribed by the

secretary of state, must be printed on the 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 and

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)
; and

(6)

the availability of and instructions to use the

system described by Section 86.016
.

SECTION 4. Chapter 86, Election Code, is amended by adding

Section 86.016 to read as follows:

Sec.

86.016.

ELECTRONIC TRACKING OF CARRIER ENVELOPE. (a)

The early voting clerk shall develop and implement a system to allow

a voter to track the carrier envelope containing the voter's ballot

while the envelope is in transit with the United States Postal

Service.

(b)

The secretary of state may by rule provide for the

secretary of state to develop and implement the system under

Subsection (a) in place of the early voting clerk.

SECTION 5. Section 87.062, Election Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1)

If a ballot has a scannable code under Section 52.076,

the early voting ballot board shall identify the code with an

electronic device and compare the code on the ballot to the codes

recorded by the early voting clerk under Section 86.001(h). If the

code does not match a recorded code, the early voting ballot board

may not count the ballot. Ballots not counted under this section

shall be placed in an envelope and treated in the same manner as

rejected ballots under Section 87.043.

SECTION 6. Section 87.103, Election Code, is amended by

adding Subsection (a-1) to read as follows:

(a-1)

If a ballot has a scannable code under Section 52.076,

the code must be identified by an electronic device.

If the code on

the ballot does not match a code recorded by the early voting clerk

under Section 86.001(h), the ballot may not be counted. Ballots not

counted under this section shall be placed in an envelope and

treated in the same manner as rejected ballots under Section

87.043.

SECTION 7. This Act takes effect September 1, 2025.