1-1 By: Carriker S.B. No. 666
1-2 (In the Senate - Filed March 8, 1993; March 9, 1993, read
1-3 first time and referred to Subcommittee on Elections and Ethics;
1-4 March 15, 1993, reported favorably by the following vote: Yeas 5,
1-5 Nays 0; March 15, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Carriker x
1-9 Harris of Dallas x
1-10 Ellis x
1-11 Henderson x
1-12 Luna x
1-13 Parker x
1-14 Wentworth x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to the cancellation of an application for an early voting
1-18 ballot to be voted by mail.
1-19 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-20 SECTION 1. Sections 84.032, 84.033, and 84.034, Election
1-21 Code, are amended to read as follows:
1-22 Sec. 84.032. Request for Cancellation. (a) A person
1-23 desiring to cancel the person's <his> application for a ballot to
1-24 be voted by mail must submit a request for the cancellation to an
1-25 election officer as provided by this section <the early voting
1-26 clerk>.
1-27 (b) A request must:
1-28 (1) be in writing and signed by the applicant;
1-29 (2) specify the election for which the application was
1-30 made; and
1-31 (3) except as provided by Subsection (c), be received
1-32 by the early voting clerk or a deputy early voting clerk:
1-33 (A) not later than the third day before election
1-34 day; and
1-35 (B) if an early voting ballot sent to the
1-36 applicant is returned to the clerk as a marked ballot, before the
1-37 marked ballot's arrival at the address on the carrier envelope.
1-38 (c) An applicant may submit a request after the close of
1-39 early voting by personal appearance by appearing in person before
1-40 the early voting clerk or, on election day, the clerk or presiding
1-41 election judge and:
1-42 (1) returning the ballot to be voted by mail to the
1-43 election officer <early voting clerk>; or
1-44 (2) executing an affidavit that the applicant has not
1-45 received the ballot to be voted by mail.
1-46 Sec. 84.033. ACTION ON REQUEST <BY CLERK>. (a) The
1-47 election officer <early voting clerk> shall review each
1-48 cancellation request to determine whether it complies with Section
1-49 84.032.
1-50 (b) If the request complies, the election officer
1-51 immediately shall notify the early voting clerk, who shall cancel
1-52 the application and enter on the application "canceled" and the
1-53 date of cancellation. If the request does not comply, the election
1-54 officer <clerk> shall deny the request and enter on the request
1-55 "denied" and the date of and reason for the denial.
1-56 (c) An election officer other than the early voting clerk
1-57 promptly shall deliver to the clerk the cancellation request and,
1-58 if applicable, the ballot or affidavit.
1-59 Sec. 84.034. NOTICE OF DENIAL. Immediately after denying a
1-60 cancellation request, the election officer <early voting clerk>
1-61 shall notify the applicant of the denial. The notice must state
1-62 the reason for the denial.
1-63 SECTION 2. This Act takes effect September 1, 1993.
1-64 SECTION 3. The importance of this legislation and the
1-65 crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
2-1 * * * * *
2-2 Austin,
2-3 Texas
2-4 March 15, 1993
2-5 Hon. Bob Bullock
2-6 President of the Senate
2-7 Sir:
2-8 We, your Subcommittee on Elections and Ethics to which was referred
2-9 S.B. No. 666, have had the same under consideration, and I am
2-10 instructed to report it back to the Senate with the recommendation
2-11 that it do pass and be printed.
2-12 Carriker,
2-13 Chairman
2-14 * * * * *
2-15 WITNESSES
2-16 FOR AGAINST ON
2-17 ___________________________________________________________________
2-18 Name: Steven Barton x
2-19 Representing: Travis Cnty Clerk Elects.
2-20 Div.
2-21 City: Austin
2-22 -------------------------------------------------------------------
2-23 Name: Lesley Thompson x
2-24 Representing: Travis Cnty Clerk Elects.
2-25 Div.
2-26 City: Austin
2-27 -------------------------------------------------------------------
2-28 Name: Dana DeBeauvoir x
2-29 Representing: herself, Travis Cnty Clerk
2-30 City: Austin
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