By Madden H.B. No. 2692
77R9034 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain practices and procedures involving the conduct
1-3 of early voting by mail.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 82, Election Code, is amended by adding
1-6 Section 82.006 to read as follows:
1-7 Sec. 82.006. MILITARY DEPLOYMENT. A qualified voter who is a
1-8 member of the armed forces of the United States, including the
1-9 armed forces reserve and the national guard, is eligible for early
1-10 voting by mail if the voter expects to be absent from the county of
1-11 the voter's residence because of a military deployment on election
1-12 day and during the regular hours for conducting early voting at the
1-13 main early voting polling place for the period for early voting by
1-14 personal appearance.
1-15 SECTION 2. Section 86.004, Election Code, is amended to read
1-16 as follows:
1-17 Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER. The
1-18 balloting materials for voting by mail shall be mailed to voters as
1-19 soon as practicable after the ballots become available but not
1-20 earlier than the 60th [45th] day before election day.
1-21 SECTION 3. Section 86.011(d), Election Code, is amended to
1-22 read as follows:
1-23 (d) Notwithstanding any other provisions of this code, if
1-24 the clerk receives a timely carrier envelope before the seventh day
2-1 before election day that does not fully comply with the applicable
2-2 requirements prescribed by this title, the clerk shall return [may
2-3 deliver] the carrier envelope [in person or] by mail to the voter
2-4 not later than the second day after the date the envelope is
2-5 received. The clerk [and] may receive, before the deadline, the
2-6 corrected carrier envelope from the voter. If the clerk receives a
2-7 timely carrier envelope on or after the seventh day before election
2-8 day, [or] the clerk shall, if possible, [may] notify the voter of
2-9 the defect by telephone and advise the voter that the voter may
2-10 come to the clerk's office in person to correct the defect or
2-11 cancel the voter's application to vote by mail and vote on election
2-12 day. If the procedures authorized by this subsection are used,
2-13 they must be applied uniformly to all carrier envelopes covered by
2-14 this subsection. A poll watcher is entitled to observe the
2-15 procedures under this subsection. The secretary of state may
2-16 prescribe any other procedures necessary to implement this
2-17 subsection including requirements for posting notice of any
2-18 deliveries.
2-19 SECTION 4. This Act takes effect September 1, 2001.