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.