By Hodge H.B. No. 2799
77R9025 PAM-F
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, Election Code, is amended by
1-5 amending Subsection (f) and adding Subsection (g) to read as
1-6 follows:
1-7 (f) An applicant for a ballot to be voted by mail on the
1-8 ground of age or disability may apply on the same application for
1-9 ballots for each election in which the applicant may be eligible to
1-10 vote in the calendar year.
1-11 (g) A person who has not made an application as provided by
1-12 this title is not entitled to receive an early voting ballot to be
1-13 voted by mail.
1-14 SECTION 2. Section 86.003(d), Election Code, is amended to
1-15 read as follows:
1-16 (d) If the applicable address specified in a voter's
1-17 application is an address other than that prescribed by Subsection
1-18 (c) but is in the voter's county of residence, a form for a
1-19 statement of residence shall be provided to the voter in accordance
1-20 with Section 86.002. If the applicable address specified in the
1-21 application is an address other than that prescribed by Subsection
1-22 (c) and is not in the voter's county of residence, the voter's
1-23 application shall be rejected in accordance with Section 86.001(c).
1-24 SECTION 3. Section 86.007, Election Code, is amended to read
2-1 as follows:
2-2 Sec. 86.007. DEADLINE FOR RETURNING MARKED BALLOT. (a) A
2-3 [Except as provided by Subsection (d), a] marked ballot voted by
2-4 mail shall be counted if:
2-5 (1) [must arrive at the address on] the carrier
2-6 envelope was placed for delivery before the time the polls are
2-7 required to close on election day; and
2-8 (2) the ballot arrives at the address on the carrier
2-9 envelope not later than:
2-10 (A) the fifth day after the date of the general
2-11 election for state and county officers; or
2-12 (B) the second day after the date of an election
2-13 other than the general election for state and county officers.
2-14 (b) [If the early voting clerk cannot determine whether a
2-15 ballot arrived before the deadline, the ballot is considered to
2-16 have arrived at the time the place at which the carrier envelopes
2-17 are deposited was last inspected for removal of returned ballots.
2-18 The clerk shall check for returned ballots, at least once before
2-19 the deadline, after the normal delivery time on the last day at the
2-20 place at which the carrier envelopes are deposited.]
2-21 [(c)] A marked ballot that is not timely returned may not be
2-22 counted.
2-23 (c) [(d) A marked ballot voted by mail that arrives after
2-24 the time prescribed by Subsection (a) shall be counted if:]
2-25 [(1) the ballot was cast from an address outside the
2-26 United States;]
2-27 [(2) the carrier envelope was placed for delivery
3-1 before the time the ballot is required to arrive under Subsection
3-2 (a); and]
3-3 [(3) the ballot arrives at the address on the carrier
3-4 envelope not later than:]
3-5 [(A) the fifth day after the date of the general
3-6 election for state and county officers; or]
3-7 [(B) the second day after the date of an
3-8 election other than the general election for state and county
3-9 officers.]
3-10 [(e)] A delivery under Subsection (a)(1) [(d)(2)] is timely,
3-11 except as otherwise provided by this title, if the carrier envelope
3-12 or, if applicable, the envelope containing the carrier envelope:
3-13 (1) is properly addressed with postage or handling
3-14 charges prepaid;
3-15 [(2) is sent from an address outside the United
3-16 States;] and
3-17 (2) [(3)] bears a cancellation mark of a recognized
3-18 postal service or a receipt mark of a common or contract carrier or
3-19 a courier indicating a time before the deadline.
3-20 (d) [(f) If the envelope does not bear the cancellation mark
3-21 or receipt mark as required by Subsection (e)(3), a delivery under
3-22 Subsection (d)(1) is presumed to be timely if the other
3-23 requirements under this section are met.] Section 1.006 does not
3-24 apply to Subsection (a)(2)(A) [(d)(3)(A)].
3-25 (e) [(g)] The secretary of state shall prescribe procedures
3-26 as necessary to implement Subsection (a) [(d)].
3-27 SECTION 4. Section 87.125(a), Election Code, is amended to
4-1 read as follows:
4-2 (a) The early voting ballot board shall convene to count
4-3 ballots voted by mail that arrive after the time the polls are
4-4 required to close on election day and before the period described
4-5 by Section 86.007(a)(2) at the time set by the presiding judge of
4-6 the board [86.007(d) on]:
4-7 (1) on the sixth day after the date of a general
4-8 election for state and county officers; [or]
4-9 (2) on the second [fifth] day after the date of a
4-10 primary [or special] election, at a time following the last mail
4-11 delivery, or on an earlier day or at an earlier time if the early
4-12 voting clerk certifies that all affected ballots have been
4-13 received; or
4-14 (3) not earlier than the third day or later than the
4-15 fifth day after the date of an election other than an election
4-16 described by Subdivision (1) or (2).
4-17 SECTION 5. This Act takes effect September 1, 2001.