By Madden H.B. No. 1967
75R8154 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain voting procedures for members of the armed
1-3 forces of the United States.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. This Act may be cited as the Texas Military
1-6 Voting Rights Act of 1997.
1-7 SECTION 2. Subchapter A, Chapter 31, Election Code, is
1-8 amended by adding Section 31.008 to read as follows:
1-9 Sec. 31.008. MODIFICATION OF ELECTION PROCEDURES FOR
1-10 EMERGENCY OR DISASTER. (a) The governor shall direct the
1-11 secretary of state to modify election procedures, adjust deadlines,
1-12 or take other appropriate actions as necessary to allow for the
1-13 conduct of an election if:
1-14 (1) the governor issues a proclamation of a state of
1-15 emergency under Chapter 433, Government Code, and the governor
1-16 determines the emergency will interfere with regular election
1-17 procedures; or
1-18 (2) the governor determines that a deployment of the
1-19 armed forces of the United States outside the United States or in a
1-20 combat situation will adversely affect the ability of members of
1-21 the armed forces to participate in an election.
1-22 (b) The governor shall specify whether emergency procedures
1-23 adopted because of a determination made under Subsection (a)(1)
1-24 apply throughout the state or only in a designated area.
2-1 (c) Emergency procedures adopted because of a determination
2-2 made under Subsection (a)(2) must relate only to the participation
2-3 in an election by a member of the armed forces of the United States
2-4 who is deployed outside the United States or in a combat situation.
2-5 SECTION 3. Chapter 67, Election Code, is amended by adding
2-6 Section 67.0031 to read as follows:
2-7 Sec. 67.0031. SECOND LOCAL CANVASS FOR CERTAIN ELECTIONS.
2-8 (a) The secretary of state shall prescribe procedures for the
2-9 conduct of a second local canvass in an election in which
2-10 additional ballots that may be counted under Section 86.007(d)
2-11 arrive after the original local canvass is completed.
2-12 (b) The results of a canvass that occurs under this section
2-13 replace the results of the original local canvass.
2-14 SECTION 4. Section 86.007, Election Code, is amended by
2-15 amending Subsection (a) and adding Subsections (d), (e), and (f) to
2-16 read as follows:
2-17 (a) Except as provided by Subsection (d), a [A] marked
2-18 ballot voted by mail must arrive at the address on the carrier
2-19 envelope before the time the polls are required to close on
2-20 election day.
2-21 (d) A marked ballot voted by mail in the general election
2-22 for state and county officers that arrives after the time
2-23 prescribed by Subsection (a) shall be counted if:
2-24 (1) the ballot is a federal write-in absentee ballot
2-25 or was requested using a federal postcard application;
2-26 (2) the carrier envelope was placed for delivery not
2-27 later than the third day before election day; and
3-1 (3) the ballot arrives at the address on the carrier
3-2 envelope before the date of the canvass under Section 67.012.
3-3 (e) A delivery under Subsection (d)(2) is timely, except as
3-4 otherwise provided by this title, if the carrier envelope or, if
3-5 applicable, the envelope containing the carrier envelope:
3-6 (1) is properly addressed with postage or handling
3-7 charges prepaid; and
3-8 (2) bears a cancellation mark of a recognized postal
3-9 service or a receipt mark of a common or contract carrier or a
3-10 courier indicating a time before the deadline.
3-11 (f) The secretary of state shall prescribe procedures as
3-12 necessary to implement Subsection (d). If additional ballots
3-13 arrive after the local canvass is completed, the secretary of state
3-14 may order a second local canvass under Section 67.0031.
3-15 SECTION 5. Section 101.003(b), Election Code, is amended to
3-16 read as follows:
3-17 (b) In this chapter, "federal postcard application" means an
3-18 application for a ballot to be voted under this chapter submitted
3-19 on the official federal form prescribed under the federal Uniformed
3-20 and Overseas Citizens Absentee Voting Act (42 U.S.C. Section 1973ff
3-21 et seq.) [Federal Voting Assistance Act of 1955].
3-22 SECTION 6. Section 101.007(a), Election Code, is amended to
3-23 read as follows:
3-24 (a) The balloting materials provided under this chapter
3-25 shall be airmailed to the voter free of United States postage, as
3-26 provided by the federal Uniformed and Overseas Citizens Absentee
3-27 Voting Act (42 U.S.C. Section 1973ff et seq.) [Federal Voting
4-1 Assistance Act of 1955], in an envelope labeled "Official Election
4-2 Balloting Material - via Airmail." The secretary of state shall
4-3 provide early voting clerks with instructions on compliance with
4-4 this subsection.
4-5 SECTION 7. Subtitle B, Title 7, Election Code, is amended by
4-6 adding Chapter 105 to read as follows:
4-7 CHAPTER 105. VOTING BY MILITARY PERSONNEL
4-8 Sec. 105.001. ELECTRONIC TRANSMISSION OF COMPLETED BALLOT.
4-9 The secretary of state shall prescribe procedures to allow a member
4-10 of the armed forces of the United States, or the spouse or a
4-11 dependent of a member, casting an early voting ballot by mail from
4-12 outside the United States to return the ballot by facsimile or
4-13 other similar electronic means. The procedures must provide for
4-14 verification of the voter and the security of the transmission.
4-15 Sec. 105.002. STATE WRITE-IN BALLOT. (a) The secretary of
4-16 state shall prescribe procedures to allow a voter to apply for and
4-17 cast a state write-in ballot before the prescribed time if the
4-18 voter is:
4-19 (1) a member of the armed forces of the United States
4-20 or the spouse or a dependent of a member; and
4-21 (2) unable to cast a ballot on election day or during
4-22 the regular period for early voting because of a military
4-23 contingency.
4-24 (b) An application for a ballot under this section may not
4-25 be submitted earlier than the 180th day before election day.
4-26 (c) The secretary of state shall prescribe the form of the
4-27 ballot to allow a voter to cast a vote in each federal, state, or
5-1 local race in the election. The ballot must allow a voter to write
5-2 in the name of a candidate or, if applicable, cast a straight-party
5-3 vote.
5-4 Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT.
5-5 (a) The secretary of state shall prescribe procedures to allow for
5-6 the use of the federal write-in absentee ballot by a member of the
5-7 armed forces of the United States, or the spouse or a dependent of
5-8 a member, in each election for a federal office.
5-9 (b) The secretary of state shall prescribe procedures to
5-10 allow for the automatic registration of a person casting a valid
5-11 federal write-in absentee ballot if:
5-12 (1) the person is a member of the armed forces of the
5-13 United States or the spouse or a dependent of a member;
5-14 (2) the information submitted on the transmission
5-15 envelope containing the ballot is sufficient to allow for voter
5-16 registration in an election precinct in this state; and
5-17 (3) the ballot is received not later than the 30th day
5-18 before election day.
5-19 Sec. 105.004. VOTING BY ELECTRONIC MEANS. (a) The
5-20 secretary of state shall prescribe procedures to allow a member of
5-21 the armed forces of the United States, or the spouse or a dependent
5-22 of a member, to cast a vote by secure electronic means in each
5-23 general election for state and county officers if the member,
5-24 spouse, or dependent is living outside the United States.
5-25 (b) Each county with a population of more than 150,000 shall
5-26 permit voting under the procedures prescribed under Subsection (a).
5-27 The commissioners court of a county with a population of 150,000 or
6-1 less may permit voting under those procedures.
6-2 SECTION 8. Section 114.007(a), Election Code, is amended to
6-3 read as follows:
6-4 (a) The balloting materials provided under this chapter
6-5 shall be airmailed to the voter free of United States postage, as
6-6 provided by the federal Uniformed and Overseas Citizens Absentee
6-7 Voting [Rights] Act (42 U.S.C. Section 1973ff et seq.) [of 1975],
6-8 in an envelope labeled "Official Election Balloting Material--via
6-9 Airmail." The secretary of state shall provide early voting clerks
6-10 with instructions on compliance with this subsection.
6-11 SECTION 9. This Act takes effect September 1, 1997.
6-12 SECTION 10. The importance of this legislation and the
6-13 crowded condition of the calendars in both houses create an
6-14 emergency and an imperative public necessity that the
6-15 constitutional rule requiring bills to be read on three several
6-16 days in each house be suspended, and this rule is hereby suspended.