By Brown S.B. No. 1424
77R5638 DRH-D
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. Chapter 82, Election Code, is amended by adding
1-6 Section 82.006 to read as follows:
1-7 Sec. 82.006. EMERGENCY MILITARY DEPLOYMENT. A qualified
1-8 voter who is a member of the armed forces of the United States is
1-9 eligible for early voting by mail if the voter expects to be absent
1-10 from the county of the voter's residence because of an emergency
1-11 military deployment on election day and during the regular hours
1-12 for conducting early voting at the main early voting polling place
1-13 for the period for early voting by personal appearance.
1-14 SECTION 2. Section 86.004, Election Code, is amended to read
1-15 as follows:
1-16 Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER. The
1-17 balloting materials for voting by mail shall be mailed to voters as
1-18 soon as practicable after the ballots become available but not
1-19 earlier than the 60th [45th] day before election day.
1-20 SECTION 3. Section 86.011(d), Election Code, is amended to
1-21 read as follows:
1-22 (d) Notwithstanding any other provisions of this code, if
1-23 the clerk receives a timely carrier envelope before the seventh day
1-24 before election day that does not fully comply with the applicable
2-1 requirements prescribed by this title, the clerk shall return [may
2-2 deliver] the carrier envelope [in person or] by mail to the voter
2-3 not later than the second day after the date the envelope is
2-4 received. The clerk [and] may receive, before the deadline, the
2-5 corrected carrier envelope from the voter. If the clerk receives a
2-6 timely carrier envelope on or after the seventh day before election
2-7 day, the [, or the] clerk shall, if possible, [may] notify the
2-8 voter of the defect by telephone and advise the voter that the
2-9 voter may come to the clerk's office in person to correct the
2-10 defect or cancel the voter's application to vote by mail and vote
2-11 on election day. If the procedures authorized by this subsection
2-12 are used, they must be applied uniformly to all carrier envelopes
2-13 covered by this subsection. A poll watcher is entitled to observe
2-14 the procedures under this subsection. The secretary of state may
2-15 prescribe any other procedures necessary to implement this
2-16 subsection including requirements for posting notice of any
2-17 deliveries.
2-18 SECTION 4. This Act takes effect September 1, 2001.