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AN ACT
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relating to the deadline for submitting a federal postcard |
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application to the early voting clerk. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (e), (f), and (i), Section 101.004, |
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Election Code, are amended to read as follows: |
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(e) An applicant who otherwise complies with applicable |
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requirements is entitled to receive a full ballot to be voted by |
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mail under this chapter if: |
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(1) the applicant submits a federal postcard |
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application to the early voting clerk on or before the 20th [30th] |
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day before election day; and |
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(2) the application contains the information that is |
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required for registration under Title 2. |
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(f) The applicant is entitled to receive only a federal |
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ballot to be voted by mail under Chapter 114 if: |
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(1) the applicant submits the federal postcard |
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application to the early voting clerk after the date provided by |
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Subsection (e)(1) [30th day before election day] and before the |
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sixth day before election day; and |
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(2) the application contains the information that is |
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required for registration under Title 2. |
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(i) Except as provided by Subsection (l), for purposes of |
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determining the date a federal postcard application is submitted to |
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the early voting clerk, an application is considered to be |
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submitted on the date it is placed and properly addressed in the |
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United States mail. An application mailed from an Army/Air Force |
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Post Office (APO) or Fleet Post Office (FPO) is considered placed in |
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the United States mail. The date indicated by the post office |
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cancellation mark, including a United States military post office |
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cancellation mark, is considered to be the date the application was |
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placed in the mail unless proven otherwise. For purposes of an |
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application made under Subsection (e): |
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(1) an application that does not contain a |
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cancellation mark is considered to be timely if it is received by |
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the early voting clerk on or before the 15th [22nd] day before |
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election day; and |
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(2) if the 20th [30th] day before the date of an |
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election is a Saturday, Sunday, or legal state or national holiday, |
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an application is considered to be timely if it is submitted to the |
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early voting clerk on or before the next regular business day. |
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SECTION 2. The changes in law made by this Act apply only to |
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an election held on or after January 1, 2008. |
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SECTION 3. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 361 passed the Senate on |
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May 1, 2007, by the following vote: Yeas 31, Nays 0; and that the |
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Senate concurred in House amendment on May 21, 2007, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 361 passed the House, with |
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amendment, on May 17, 2007, by the following vote: Yeas 143, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |