By Hodge H.B. No. 2799
Substitute the following for H.B. No. 2799:
By Madden C.S.H.B. No. 2799
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain procedures for early voting by mail.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 84.001(e), Election Code, is amended to
1-5 read as follows:
1-6 (e) An applicant for a ballot to be voted by mail may apply
1-7 for ballots for the main election and any resulting runoff election
1-8 on the same application. The timeliness of the application for
1-9 both elections is determined in relation to the main election.
1-10 However, if the application is not timely for the main election,
1-11 the timeliness of the application for the runoff election is
1-12 determined in relation to that election. For purposes of an
1-13 application for a ballot to be voted by mail on the grounds of age,
1-14 Section 84.0015 supersedes this subsection.
1-15 SECTION 2. Subchapter A, Chapter 84, Election Code, is
1-16 amended by adding Section 84.0015 to read as follows:
1-17 Sec. 84.0015. APPLYING FOR MORE THAN ONE ELECTION IN SAME
1-18 APPLICATION. (a) This section applies only to a person who submits
1-19 an application for a ballot to be voted by mail on the ground of
1-20 age.
1-21 (b) A person may apply with a single application for a
1-22 ballot for any one or more elections in the calendar year in which
1-23 the early voting clerk to whom the application is submitted
1-24 conducts early voting. An application requesting a ballot for an
2-1 election to be held in January or February may be submitted in the
2-2 preceding calendar year but not earlier than the earliest date for
2-3 submitting a regular application for a ballot to be voted by mail.
2-4 (c) An application that does not identify the election for
2-5 which a ballot is requested shall be treated as if it requests a
2-6 ballot for:
2-7 (1) each general election in which the clerk conducts
2-8 early voting; and
2-9 (2) the general primary election if the application
2-10 indicates party preference and is submitted to the early voting
2-11 clerk for the primary.
2-12 (d) An application shall be treated as if it requests a
2-13 ballot for a runoff election that results from an election for
2-14 which a ballot is requested.
2-15 (e) An application requesting a ballot for more than one
2-16 election shall be preserved for the period for preserving the
2-17 precinct election records for the last election for which the
2-18 application is effective.
2-19 SECTION 3. Section 86.003(d), Election Code, is amended to
2-20 read as follows:
2-21 (d) If the applicable address specified in a voter's
2-22 application is an address other than that prescribed by Subsection
2-23 (c) but is in the voter's county of residence, a form for a
2-24 statement of residence shall be provided to the voter in accordance
2-25 with Section 86.002. If the applicable address specified in the
2-26 application is an address other than that prescribed by Subsection
2-27 (c) and is not in the voter's county of residence, the voter's
3-1 application shall be rejected in accordance with Section 86.001(c).
3-2 SECTION 4. Section 86.007, Election Code, is amended to read
3-3 as follows:
3-4 Sec. 86.007. DEADLINE FOR RETURNING MARKED BALLOT. (a)
3-5 A [Except as provided by Subsection (d), a] marked ballot voted by
3-6 mail shall be counted if:
3-7 (1) [must arrive at the address on] the carrier
3-8 envelope was placed for delivery before the time the polls are
3-9 required to close on election day; and
3-10 (2) the ballot arrives at the address on the carrier
3-11 envelope not later than:
3-12 (A) the second day after the date of the
3-13 election if the election is a general primary election or a primary
3-14 runoff election; or
3-15 (B) the fifth day after the date of an election
3-16 other than the general primary election or a primary runoff
3-17 election.
3-18 (b) [If the early voting clerk cannot determine whether a
3-19 ballot arrived before the deadline, the ballot is considered to
3-20 have arrived at the time the place at which the carrier envelopes
3-21 are deposited was last inspected for removal of returned ballots.
3-22 The clerk shall check for returned ballots, at least once before
3-23 the deadline, after the normal delivery time on the last day at the
3-24 place at which the carrier envelopes are deposited.]
3-25 [(c)] A marked ballot that is not timely returned may not be
3-26 counted.
3-27 (c) [(d) A marked ballot voted by mail that arrives after
4-1 the time prescribed by Subsection (a) shall be counted if:]
4-2 [(1) the ballot was cast from an address outside the
4-3 United States;]
4-4 [(2) the carrier envelope was placed for delivery
4-5 before the time the ballot is required to arrive under Subsection
4-6 (a); and]
4-7 [(3) the ballot arrives at the address on the carrier
4-8 envelope not later than:]
4-9 [(A) the fifth day after the date of the general
4-10 election for state and county officers; or]
4-11 [(B) the second day after the date of an
4-12 election other than the general election for state and county
4-13 officers.]
4-14 [(e)] A delivery under Subsection (a)(1) [(d)(2)] is timely,
4-15 except as otherwise provided by this title, if the carrier envelope
4-16 or, if applicable, the envelope containing the carrier envelope:
4-17 (1) is properly addressed with postage or handling
4-18 charges prepaid;
4-19 [(2) is sent from an address outside the United
4-20 States;] and
4-21 (2) [(3)] bears a cancellation mark of a recognized
4-22 postal service or a receipt mark of a common or contract carrier or
4-23 a courier indicating a time before the deadline.
4-24 (d) [(f)] If the envelope does not bear the cancellation
4-25 mark or receipt mark as required by Subsection (c)(2) [(e)(3)], a
4-26 delivery of a marked ballot voted by mail that was cast from an
4-27 address outside the United States [under Subsection (d)(1)] is
5-1 presumed to be timely if the other requirements under this section
5-2 are met. Section 1.006 does not apply to Subsection (a)(2)
5-3 [(d)(3)(A)].
5-4 (e) [(g)] The secretary of state shall prescribe procedures
5-5 as necessary to implement Subsection (a) [(d)].
5-6 SECTION 5. Section 87.125(a), Election Code, is amended to
5-7 read as follows:
5-8 (a) The early voting ballot board shall convene to count
5-9 ballots voted by mail that arrive after the time the polls are
5-10 required to close on election day and before the period described
5-11 by Section 86.007(a)(2) at the time set by the presiding judge of
5-12 the board [86.007(d) on]:
5-13 (1) on the sixth day after the date of an [a general]
5-14 election other than a primary election; or
5-15 (2) on the second [fifth] day after the date of a
5-16 primary [or special] election, at a time following the last mail
5-17 delivery, or on an earlier day or at an earlier time if the early
5-18 voting clerk certifies that all affected ballots have been
5-19 received.
5-20 SECTION 6. This Act takes effect September 1, 2001.