By Madden H.B. No. 862
76R2315 PAM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to establishing voting by mail as the exclusive method of
1-3 voting in certain elections.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Title 16, Election Code, is amended by adding
1-6 Chapter 278 to read as follows:
1-7 CHAPTER 278. MAIL BALLOT ELECTIONS
1-8 Sec. 278.001. APPLICABILITY. An election may be conducted
1-9 under this chapter only if:
1-10 (1) the election is nonpartisan;
1-11 (2) the election is not for the purpose of electing,
1-12 retaining, or recalling a candidate;
1-13 (3) the ballot for the election contains only
1-14 propositions to be voted on;
1-15 (4) the election is not held on the same date as
1-16 another election at which voters eligible to vote in the mail
1-17 ballot election are eligible to vote; and
1-18 (5) the voters of one of the following political
1-19 subdivisions are the only voters eligible to vote in the election:
1-20 (A) a county;
1-21 (B) a city;
1-22 (C) a special district created under Section 52,
1-23 Article III, or Section 59, Article XVI, Texas Constitution;
1-24 (D) a school district;
2-1 (E) a community college district; or
2-2 (F) a hospital district.
2-3 Sec. 278.002. WRITTEN REQUEST FOR ELECTION REQUIRED. (a)
2-4 An authority of a political subdivision desiring to order an
2-5 election under this chapter must submit to the secretary of state a
2-6 request to do so.
2-7 (b) The secretary of state shall prescribe procedures for
2-8 the submission and approval of requests under this section.
2-9 Sec. 278.003. EXCLUSIVE METHOD OF VOTING. In an election
2-10 held under this chapter, voting by mail is the exclusive method for
2-11 casting a ballot.
2-12 Sec. 278.004. EARLY VOTING. The provisions of this code
2-13 relating to early voting do not apply to an election held under
2-14 this chapter.
2-15 Sec. 278.005. MAIL BALLOT ELECTION CLERK. (a) The mail
2-16 ballot election clerk shall conduct an election held under this
2-17 chapter.
2-18 (b) The secretary of state shall prescribe procedures for
2-19 the appointment of a mail ballot election clerk.
2-20 Sec. 278.006. CONDUCT OF MAIL BALLOT ELECTION. (a) The
2-21 secretary of state shall prescribe the form and content of the
2-22 ballot and information to be provided with the mail ballot voting
2-23 materials.
2-24 (b) The secretary of state shall prescribe procedures
2-25 necessary to implement this chapter, including:
2-26 (1) the method of providing ballots to voters;
2-27 (2) the time for providing ballots to voters;
3-1 (3) the marking and sealing of ballots;
3-2 (4) the method of returning marked ballots;
3-3 (5) the deadline for returning marked ballots;
3-4 (6) the provision of corrected and replacement
3-5 ballots;
3-6 (7) the manner for a voter who would be eligible under
3-7 Section 64.031 to receive assistance at a polling place to obtain
3-8 assistance in marking a ballot provided under this chapter; and
3-9 (8) the processing and counting of ballots.
3-10 SECTION 2. This Act takes effect September 1, 1999.
3-11 SECTION 3. (a) The secretary of state shall prescribe
3-12 documents, materials, and procedures as required by Chapter 278,
3-13 Election Code, as added by this Act, not later than January 1,
3-14 2000.
3-15 (b) The change in law made by this Act applies only to an
3-16 election held on or after September 1, 2000.
3-17 SECTION 4. The importance of this legislation and the
3-18 crowded condition of the calendars in both houses create an
3-19 emergency and an imperative public necessity that the
3-20 constitutional rule requiring bills to be read on three several
3-21 days in each house be suspended, and this rule is hereby suspended.