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A BILL TO BE ENTITLED
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AN ACT
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relating to practices and procedures for an early voting ballot |
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voted by mail. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 84.007(c), Election Code, is amended to |
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read as follows: |
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(c) Except as provided by Section 86.0015(b), an |
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application may be submitted at any time in the year of the election |
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for which a ballot is requested, but not later than the close of |
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regular business in the early voting clerk's office or 12 noon, |
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whichever is later, on the 15th [11th] day before election day |
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unless that day is a Saturday, Sunday, or legal state or national |
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holiday, in which case the last day is the first preceding regular |
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business day. |
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SECTION 2. Section 86.0015(b-1), Election Code, is amended |
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to read as follows: |
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(b-1) An application submitted under this section must be |
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submitted before the close of regular business in the early voting |
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clerk's office or 12 noon, whichever is later, on the 15th [11th] |
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day before election day unless that day is a Saturday, Sunday, or |
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legal state or national holiday, in which case the last day is the |
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first preceding regular business day. |
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SECTION 3. Sections 86.007(a) and (d), Election Code, are |
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amended to read as follows: |
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(a) Except as provided by Subsection (d), a marked ballot |
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voted by mail must arrive at the address on the carrier envelope [: |
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[(1) before the time the polls are required to close on |
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election day; or |
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[(2)] not later than 5 p.m. on the fourth day before |
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[after] election day [, if the carrier envelope was placed for |
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delivery by mail or common or contract carrier before election day |
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and bears a cancellation mark of a common or contract carrier or a |
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courier indicating a time not later than 7 p.m. at the location of |
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the election on election day]. |
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(d) A marked ballot voted by mail that arrives after the |
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time prescribed by Subsection (a) shall be counted if: |
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(1) the ballot was cast from an address outside the |
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United States; and |
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(2) [the carrier envelope was placed for delivery |
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before the time the ballot is required to arrive under Subsection |
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(a)(1); and] |
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[(3)] the ballot arrives at the address on the carrier |
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envelope not later than the fifth day after the date of the |
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election. |
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SECTION 4. Section 87.022, Election Code, is amended to |
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read as follows: |
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Sec. 87.022. TIME OF DELIVERY: GENERAL RULE. Except as |
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provided by Sections [Section] 87.0221 and [,] 87.0222, [87.023, or |
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87.024,] the materials shall be delivered to the early voting |
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ballot board under this subchapter during the time the polls are |
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open on election day, or as soon after the polls close as |
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practicable, at the time or times specified by the presiding judge |
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of the board. |
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SECTION 5. Section 87.0221(a), Election Code, is amended to |
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read as follows: |
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(a) In an election in which regular paper ballots are used |
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for early voting by personal appearance [or by mail], the materials |
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may be delivered to the board between the end of the period for |
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early voting by personal appearance and the closing of the polls on |
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election day, or as soon after closing as practicable, at the time |
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or times specified by the presiding judge of the board. |
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SECTION 6. Section 87.0222(a), Election Code, is amended to |
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read as follows: |
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(a) The [Notwithstanding Section 87.024, in an election |
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conducted by an authority of a county with a population of 100,000 |
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or more or conducted jointly with such a county, the] jacket |
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envelopes containing the early voting ballots voted by mail shall |
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[may] be delivered to the board not earlier than the 20th day before |
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election [between the end of the ninth] day and not later than 6 |
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p.m. on the fourth day before election day [before the last day of |
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the period for early voting by personal appearance and the closing |
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of the polls on election day, or as soon after closing as |
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practicable, at the time or times specified by the presiding judge |
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of the board]. |
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SECTION 7. Section 87.0241(b), Election Code, is amended to |
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read as follows: |
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(b) The board may not count early voting ballots until 3 |
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p.m. [: |
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[(1) the polls open] on election day [; or |
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[(2) in an election conducted by an authority of a |
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county with a population of 100,000 or more or conducted jointly |
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with such a county, the end of the period for early voting by |
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personal appearance]. |
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SECTION 8. Section 87.103, Election Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) Early voting ballots may not be counted until 3 p.m. on |
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election day. |
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SECTION 9. Section 87.1231, Election Code, is amended to |
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read as follows: |
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Sec. 87.1231. COUNTING AND REPORTING EARLY VOTING VOTES |
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[REPORTED BY PRECINCT]. (a) Not later than the time of the local |
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canvass, the early voting clerk shall deliver to the local |
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canvassing authority a report of the total number of early voting |
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votes for each candidate or measure by election precinct. The |
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report may reflect the total for votes by mail and the total for |
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votes by personal appearance. |
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(b) Notwithstanding any other law, early voting ballots |
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voted by mail that are required to arrive at the address on the |
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carrier envelope by the deadline under Section 86.007(a) must be |
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counted not later than 7 p.m. on election day and released at 7 p.m. |
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on election day. |
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SECTION 10. The following sections of the Election Code are |
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repealed: |
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(1) Sections 86.007(e) and (f); |
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(2) Section 87.023; |
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(3) Section 87.024; and |
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(4) Section 87.0241(c). |
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SECTION 11. This Act takes effect September 1, 2021. |