By Fraser S.B. No. 1326
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.