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.