77R14381 E
By Madden H.B. No. 1819
Substitute the following for H.B. No. 1819:
By Madden C.S.H.B. No. 1819
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of write-in absentee ballots by certain
1-3 uniformed services and overseas personnel.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 105.002(a), Election Code, is amended to
1-6 read as follows:
1-7 (a) The secretary of state shall prescribe procedures to
1-8 allow a voter to apply for and cast a state write-in ballot before
1-9 the time a voter may receive a regular ballot to be voted by mail
1-10 if the voter:
1-11 (1) is:
1-12 (A) a member of the armed forces of the United
1-13 States, or the spouse or a dependent of a member;
1-14 (B) a member of the merchant marine of the
1-15 United States, or the spouse or a dependent of a member;
1-16 (C) a member of the commissioned corps of the
1-17 National Oceanic and Atmospheric Administration, or the spouse or a
1-18 dependent of a member;
1-19 (D) a member of the commissioned corps of the
1-20 United States Public Health Service, or the spouse or a dependent
1-21 of a member; or
1-22 (E) domiciled in this state but temporarily
1-23 living outside the territorial limits of the United States and the
1-24 District of Columbia;
2-1 (2) is unable to cast a ballot on election day or
2-2 during the regular period for early voting because of a military or
2-3 other contingency that precludes normal mail delivery; and
2-4 (3) makes an application on an official federal
2-5 postcard application form that:
2-6 (A) indicates that the person desires a state
2-7 write-in ballot; and
2-8 (B) contains the information that is required
2-9 for registration under Title 2.
2-10 SECTION 2. Chapter 105, Election Code, is amended by adding
2-11 Section 105.003 to read as follows:
2-12 Sec. 105.003. USE OF FEDERAL WRITE-IN ABSENTEE BALLOT FOR
2-13 FEDERAL OFFICES. (a) The secretary of state shall prescribe
2-14 procedures to allow a voter who qualifies to vote by a federal
2-15 write-in absentee ballot to vote for all federal offices in any
2-16 election held in this state.
2-17 (b) A federal write-in absentee ballot transmission envelope
2-18 submitted by an unregistered voter serves as a temporary voter
2-19 registration by the applicant only for the purpose of voting under
2-20 this section in the election for which the absentee ballot is
2-21 submitted if:
2-22 (1) the envelope contains the information that is
2-23 required for registration under Title 2; and
2-24 (2) the person submits the envelope to the early
2-25 voting clerk on or before the 30th day before election day.
2-26 SECTION 3. This Act takes effect September 1, 2001.