| |
| |
| |
|
|
AN ACT
|
|
|
relating to the electronic transmission of a federal postcard |
|
|
application used for voting. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 101.004, Election Code, is amended by |
|
|
amending Subsections (a) and (i) and adding Subsections (a-1) and |
|
|
(m) to read as follows: |
|
|
(a) A federal postcard application must be submitted [by
|
|
|
mailing it] to the early voting clerk for the election who serves |
|
|
the election precinct of the applicant's residence. |
|
|
(a-1) A federal postcard application must be submitted by: |
|
|
(1) mail; or |
|
|
(2) electronic transmission of an image of the |
|
|
application under procedures prescribed by the secretary of state. |
|
|
(i) Except as provided by Subsections [Subsection] (l) and |
|
|
(m), for purposes of determining the date a federal postcard |
|
|
application is submitted to the early voting clerk, an application |
|
|
is considered to be submitted on the date it is placed and properly |
|
|
addressed in the United States mail. An application mailed from an |
|
|
Army/Air Force Post Office (APO) or Fleet Post Office (FPO) is |
|
|
considered placed in the United States mail. The date indicated by |
|
|
the post office cancellation mark, including a United States |
|
|
military post office cancellation mark, is considered to be the |
|
|
date the application was placed in the mail unless proven |
|
|
otherwise. For purposes of an application made under Subsection |
|
|
(e): |
|
|
(1) an application that does not contain a |
|
|
cancellation mark is considered to be timely if it is received by |
|
|
the early voting clerk on or before the 15th day before election |
|
|
day; and |
|
|
(2) if the 20th day before the date of an election is a |
|
|
Saturday, Sunday, or legal state or national holiday, an |
|
|
application is considered to be timely if it is submitted to the |
|
|
early voting clerk on or before the next regular business day. |
|
|
(m) The secretary of state by rule shall establish the date |
|
|
on which a federal postcard application is considered to be |
|
|
electronically submitted to the early voting clerk. |
|
|
SECTION 2. This Act takes effect September 1, 2009. |
| |
| |
| |
______________________________ |
______________________________ |
| |
President of the Senate |
Speaker of the House |
| |
| |
|
|
I certify that H.B. No. 551 was passed by the House on March |
|
|
31, 2009, by the following vote: Yeas 147, Nays 0, 2 present, not |
|
|
voting. |
|
|
|
|
|
______________________________ |
|
|
Chief Clerk of the House |
| |
| |
|
|
I certify that H.B. No. 551 was passed by the Senate on May |
|
|
20, 2009, by the following vote: Yeas 30, Nays 0. |
|
|
|
|
|
______________________________ |
|
|
Secretary of the Senate |
|
|
APPROVED: _____________________ |
|
|
Date |
|
|
|
|
|
_____________________ |
|
|
Governor |