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.