By Hupp                                         H.B. No. 2012

      75R8243 DRH-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the counting of certain early voting ballots cast by

 1-3     military voters.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 86.007, Election Code, is amended by

 1-6     amending Subsection (a) and adding Subsections (d), (e), and (f) to

 1-7     read as follows:

 1-8           (a)  Except as provided by Subsection (d), a [A] marked

 1-9     ballot voted by mail must arrive at the address on the carrier

1-10     envelope before the time the polls are required to close on

1-11     election day.

1-12           (d)  A marked ballot voted by mail that arrives after the

1-13     time prescribed by Subsection (a) shall be counted if:

1-14                 (1)  the ballot was cast by a member of the armed

1-15     forces of the United States;

1-16                 (2)  the carrier envelope was placed for delivery

1-17     before the time the ballot is required to arrive under Subsection

1-18     (a); and

1-19                 (3)  the ballot arrives at the address on the carrier

1-20     envelope not later than:

1-21                       (A)  the 10th day after the date of a general

1-22     election; or

1-23                       (B)  the fourth day after the date of a primary

1-24     or special election.

 2-1           (e)  A delivery under Subsection (d)(2) is timely, except as

 2-2     otherwise provided by this title, if the carrier envelope or, if

 2-3     applicable, the envelope containing the carrier envelope:

 2-4                 (1)  is properly addressed with postage or handling

 2-5     charges prepaid; and

 2-6                 (2)  bears a cancellation mark of a recognized postal

 2-7     service or a receipt mark of a common or contract carrier or a

 2-8     courier indicating a time before the deadline.

 2-9           (f)  The secretary of state shall prescribe procedures as

2-10     necessary to implement Subsection (d).

2-11           SECTION 2.  Subchapter G, Chapter 87, Election Code, is

2-12     amended by adding Section 87.125 to read as follows:

2-13           Sec. 87.125.  COUNTING OF CERTAIN LATE BALLOTS VOTED BY MAIL.

2-14     (a)  The early voting ballot board shall convene to count ballots

2-15     voted by mail described by Section 86.007(d) on:

2-16                 (1)  the 11th day after the date of a general election;

2-17     or

2-18                 (2)  the fifth day after the date of a primary or

2-19     special election.

2-20           (b)  On counting the ballots under Subsection (a), the early

2-21     voting ballot board shall report the results to the local

2-22     canvassing authority for the election.

2-23           SECTION 3.  Chapter 67, Election Code, is amended by adding

2-24     Section 67.0051 to read as follows:

2-25           Sec. 67.0051.  REPLACEMENT LOCAL CANVASS.  (a)  The local

2-26     canvassing authority shall convene to conduct a replacement local

2-27     canvass for a race if the authority receives a report from the

 3-1     early voting ballot board under Section 87.125 indicating a change

 3-2     in the vote totals for that race.

 3-3           (b)  The replacement local canvass shall be conducted not

 3-4     later than 24 hours after the time the authority receives the

 3-5     report from the early voting ballot board.

 3-6           (c)  A local canvass conducted under this section replaces

 3-7     the original local canvass.  For an election in which county

 3-8     election returns are required, the local canvassing authority shall

 3-9     promptly submit a new set of the forms required by Section 67.009.

3-10           SECTION 4.  Section 67.013, Election Code, is amended by

3-11     adding Subsections (f) and (g) to read as follows:

3-12           (f)  The governor shall conduct a new state canvass under

3-13     this section if:

3-14                 (1)  a replacement local canvass occurs under Section

3-15     67.0051;

3-16                 (2)  the vote totals of the election are changed; and

3-17                 (3)  the governor has conducted a canvass for the

3-18     election under this section.

3-19           (g)  The canvass required by Subsection (f) shall be

3-20     conducted not later than 48 hours after the time the replacement

3-21     local canvass is received.  The new state canvass replaces the

3-22     original state canvass.

3-23           SECTION 5.  Section 172.116, Election Code, is amended by

3-24     adding Subsection (h) to read as follows:

3-25           (h)  If the county executive committee receives a report from

3-26     the early voting ballot board under Section 87.125 indicating a

3-27     change in the vote totals in a race, the committee shall conduct a

 4-1     replacement canvass for that race in the manner described by

 4-2     Section 67.0051.

 4-3           SECTION 6.  Section 172.120, Election Code, is amended by

 4-4     adding Subsections (i) and (j) to read as follows:

 4-5           (i)  The state executive committee shall conduct a new state

 4-6     canvass for a race under this section if:

 4-7                 (1)  a replacement local canvass occurs under Section

 4-8     172.116(h);

 4-9                 (2)  the vote totals of the election are changed; and

4-10                 (3)  the state executive committee has conducted a

4-11     canvass for the election under this section.

4-12           (j)  The canvass required by Subsection (i) shall be

4-13     conducted not later than 48 hours after the time the committee

4-14     receives the replacement local canvass.  The new state canvass

4-15     replaces the original state canvass.

4-16           SECTION 7.  Chapter 203, Election Code, is amended by adding

4-17     Section 203.0121 to read as follows:

4-18           Sec. 203.0121.  REPLACEMENT CANVASS.  (a)  If the

4-19     commissioners court receives a report from the early voting ballot

4-20     board under Section 87.125 indicating a change in the vote totals

4-21     in a race, the commissioners court shall conduct a replacement

4-22     canvass for that race in the manner described by Section 67.0051.

4-23           (b)  The governor shall conduct a new state canvass under

4-24     Section 203.012 if:

4-25                 (1)  a replacement local canvass occurs under

4-26     Subsection (a);

4-27                 (2)  the vote totals of the election are changed; and

 5-1                 (3)  the governor has conducted a canvass for the

 5-2     election under Section 203.012.

 5-3           (c)  The canvass required by Subsection (b) shall be

 5-4     conducted not later than 48 hours after the time the replacement

 5-5     local canvass is received.  The new state canvass replaces the

 5-6     original state canvass.

 5-7           SECTION 8.  This Act takes effect September 1, 1997.

 5-8           SECTION 9.  The importance of this legislation and the

 5-9     crowded condition of the calendars in both houses create an

5-10     emergency and an imperative public necessity that the

5-11     constitutional rule requiring bills to be read on three several

5-12     days in each house be suspended, and this rule is hereby suspended.