By:  Carriker                                          S.B. No. 666
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the cancellation of an application for an early voting
    1-2  ballot to be voted by mail.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Sections 84.032, 84.033, and 84.034, Election
    1-5  Code, are amended to read as follows:
    1-6        Sec. 84.032.  Request for Cancellation.  (a)  A person
    1-7  desiring to cancel the person's <his> application for a ballot to
    1-8  be voted by mail must submit a request for the cancellation to an
    1-9  election officer as provided by this section <the early voting
   1-10  clerk>.
   1-11        (b)  A request must:
   1-12              (1)  be in writing and signed by the applicant;
   1-13              (2)  specify the election for which the application was
   1-14  made; and
   1-15              (3)  except as provided by Subsection (c), be received
   1-16  by the early voting clerk or a deputy early voting clerk:
   1-17                    (A)  not later than the third day before election
   1-18  day; and
   1-19                    (B)  if an early voting ballot sent to the
   1-20  applicant is returned to the clerk as a marked ballot, before the
   1-21  marked ballot's arrival at the address on the carrier envelope.
   1-22        (c)  An applicant may submit a request after the close of
   1-23  early voting by personal appearance by appearing in person before
   1-24  the early voting clerk or, on election day, the clerk or presiding
    2-1  election judge and:
    2-2              (1)  returning the ballot to be voted by mail to the
    2-3  election officer <early voting clerk>; or
    2-4              (2)  executing an affidavit that the applicant has not
    2-5  received the ballot to be voted by mail.
    2-6        Sec. 84.033.  ACTION ON REQUEST <BY CLERK>.  (a)  The
    2-7  election officer <early voting clerk> shall review each
    2-8  cancellation request to determine whether it complies with Section
    2-9  84.032.
   2-10        (b)  If the request complies, the election officer
   2-11  immediately shall notify the early voting clerk, who shall cancel
   2-12  the application and enter on the application "canceled" and the
   2-13  date of cancellation.  If the request does not comply, the election
   2-14  officer <clerk> shall deny the request and enter on the request
   2-15  "denied" and the date of and reason for the denial.
   2-16        (c)  An election officer other than the early voting clerk
   2-17  promptly shall deliver to the clerk the cancellation request and,
   2-18  if applicable, the ballot or affidavit.
   2-19        Sec. 84.034.  NOTICE OF DENIAL.  Immediately after denying a
   2-20  cancellation request, the election officer <early voting clerk>
   2-21  shall notify the applicant of the denial.  The notice must state
   2-22  the reason for the denial.
   2-23        SECTION 2.  This Act takes effect September 1, 1993.
   2-24        SECTION 3.  The importance of this legislation and the
   2-25  crowded condition of the calendars in both houses create an
   2-26  emergency and an imperative public necessity that the
   2-27  constitutional rule requiring bills to be read on three several
    3-1  days in each house be suspended, and this rule is hereby suspended.