By: Carriker S.B. No. 666
73R5443 GGS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the cancellation of an application for an early voting
1-3 ballot to be voted by mail.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 84.032, 84.033, and 84.034, Election
1-6 Code, are amended to read as follows:
1-7 Sec. 84.032. Request for Cancellation. (a) A person
1-8 desiring to cancel the person's <his> application for a ballot to
1-9 be voted by mail must submit a request for the cancellation to an
1-10 election officer as provided by this section <the early voting
1-11 clerk>.
1-12 (b) A request must:
1-13 (1) be in writing and signed by the applicant;
1-14 (2) specify the election for which the application was
1-15 made; and
1-16 (3) except as provided by Subsection (c), be received
1-17 by the early voting clerk or a deputy early voting clerk:
1-18 (A) not later than the third day before election
1-19 day; and
1-20 (B) if an early voting ballot sent to the
1-21 applicant is returned to the clerk as a marked ballot, before the
1-22 marked ballot's arrival at the address on the carrier envelope.
1-23 (c) An applicant may submit a request after the close of
1-24 early voting by personal appearance by appearing in person before
2-1 the early voting clerk or, on election day, the clerk or presiding
2-2 election judge and:
2-3 (1) returning the ballot to be voted by mail to the
2-4 election officer <early voting clerk>; or
2-5 (2) executing an affidavit that the applicant has not
2-6 received the ballot to be voted by mail.
2-7 Sec. 84.033. ACTION ON REQUEST <BY CLERK>. (a) The
2-8 election officer <early voting clerk> shall review each
2-9 cancellation request to determine whether it complies with Section
2-10 84.032.
2-11 (b) If the request complies, the election officer
2-12 immediately shall notify the early voting clerk, who shall cancel
2-13 the application and enter on the application "canceled" and the
2-14 date of cancellation. If the request does not comply, the election
2-15 officer <clerk> shall deny the request and enter on the request
2-16 "denied" and the date of and reason for the denial.
2-17 (c) An election officer other than the early voting clerk
2-18 promptly shall deliver to the clerk the cancellation request and,
2-19 if applicable, the ballot or affidavit.
2-20 Sec. 84.034. NOTICE OF DENIAL. Immediately after denying a
2-21 cancellation request, the election officer <early voting clerk>
2-22 shall notify the applicant of the denial. The notice must state
2-23 the reason for the denial.
2-24 SECTION 2. This Act takes effect September 1, 1993.
2-25 SECTION 3. The importance of this legislation and the
2-26 crowded condition of the calendars in both houses create an
2-27 emergency and an imperative public necessity that the
3-1 constitutional rule requiring bills to be read on three several
3-2 days in each house be suspended, and this rule is hereby suspended.