By: Brown S.B. No. 1424
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. Section 86.004, Election Code, is amended to read
1-6 as follows:
1-7 Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER. The
1-8 balloting materials for voting by mail shall be mailed to voters as
1-9 soon as practicable after the ballots become available but not
1-10 earlier than the 55th [45th] day before election day.
1-11 SECTION 2. Subsection (d), Section 86.011, Election Code, is
1-12 amended to read as follows:
1-13 (d) Notwithstanding any other provisions of this code, if
1-14 the clerk receives a timely carrier envelope before the seventh day
1-15 before election day that does not fully comply with the applicable
1-16 requirements prescribed by this title, the clerk shall return [may
1-17 deliver] the carrier envelope [in person or] by mail to the voter
1-18 not later than the second day after the date the envelope is
1-19 received. The clerk [and] may receive, before the deadline, the
1-20 corrected carrier envelope from the voter. If the clerk receives a
1-21 timely carrier envelope on or after the seventh day before election
1-22 day, [or] the clerk shall, if possible, [may] notify the voter of
1-23 the defect by telephone and advise the voter that the voter may
1-24 come to the clerk's office in person to correct the defect or
1-25 cancel the voter's application to vote by mail and vote on election
2-1 day. If the procedures authorized by this subsection are used,
2-2 they must be applied uniformly to all carrier envelopes covered by
2-3 this subsection. A poll watcher is entitled to observe the
2-4 procedures under this subsection. The secretary of state may
2-5 prescribe any other procedures necessary to implement this
2-6 subsection including requirements for posting notice of any
2-7 deliveries.
2-8 SECTION 3. This Act takes effect September 1, 2001.