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.