77R12239 PAM-D                          
         By Brown                                              S.B. No. 1424
         Substitute the following for S.B. No. 1424:
         By Madden                                         C.S.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. Section 86.011(d), Election Code, is amended to
1-12     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 and before the
1-22     third day before election day, [or] the clerk shall, if possible,
1-23     [may] notify the voter of the defect by telephone and advise the
1-24     voter that the voter may come to the clerk's office in person to
 2-1     correct the defect or cancel the voter's application to vote by
 2-2     mail and vote on election day.  If the clerk receives a timely
 2-3     carrier envelope on or after the third day before election day, the
 2-4     clerk is not required to, but is encouraged to, if possible, notify
 2-5     the voter of the defect by telephone and advise the voter that the
 2-6     voter may come to the clerk's office in person to correct the
 2-7     defect or cancel the voter's application to vote by mail and vote
 2-8     on election day. If the procedures authorized by this subsection
 2-9     are used, they must be applied uniformly to all carrier envelopes
2-10     covered by this subsection.  A poll watcher is entitled to observe
2-11     the procedures under this subsection.  The secretary of state may
2-12     prescribe any other procedures necessary to implement this
2-13     subsection including requirements for posting notice of any
2-14     deliveries.
2-15           SECTION 3. Section 101.004, Election Code, is amended by
2-16     adding Subsection (k) to read as follows:
2-17           (k)  If the applicant submits a federal postcard application
2-18     indicating that the address to which balloting materials are to be
2-19     sent is an address within the county and the application does not
2-20     indicate that the balloting materials will be forwarded or
2-21     delivered to the applicant at a location outside the United States
2-22     as provided by Section 101.007(c), the early voting clerk shall
2-23     immediately notify the applicant that the application is not valid
2-24     and advise the applicant to complete a voter registration
2-25     application and submit the application to the early voting clerk.
2-26     If the early voting clerk receives the federal postcard application
2-27     on or after the fifth day before the voter registration deadline,
 3-1     the clerk shall notify the applicant by telephone, if a telephone
 3-2     number is provided on the application, and advise the applicant in
 3-3     the manner provided by this subsection.
 3-4           SECTION 4. This Act takes effect September 1, 2001.