1-1 By: Brown S.B. No. 1424
1-2 (In the Senate - Filed March 8, 2001; March 13, 2001, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 4, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 8, Nays 0; April 4, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1424 By: Shapleigh
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to certain practices and procedures involving the conduct
1-11 of early voting by mail.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Section 86.004, Election Code, is amended to read
1-14 as follows:
1-15 Sec. 86.004. TIME FOR PROVIDING BALLOT TO VOTER. The
1-16 balloting materials for voting by mail shall be mailed to voters as
1-17 soon as practicable after the ballots become available but not
1-18 earlier than the 55th [45th] day before election day.
1-19 SECTION 2. Subsection (d), Section 86.011, Election Code, is
1-20 amended to read as follows:
1-21 (d) Notwithstanding any other provisions of this code, if
1-22 the clerk receives a timely carrier envelope before the seventh day
1-23 before election day that does not fully comply with the applicable
1-24 requirements prescribed by this title, the clerk shall return [may
1-25 deliver] the carrier envelope [in person or] by mail to the voter
1-26 not later than the second day after the date the envelope is
1-27 received. The clerk [and] may receive, before the deadline, the
1-28 corrected carrier envelope from the voter. If the clerk receives a
1-29 timely carrier envelope on or after the seventh day before election
1-30 day, [or] the clerk shall, if possible, [may] notify the voter of
1-31 the defect by telephone and advise the voter that the voter may
1-32 come to the clerk's office in person to correct the defect or
1-33 cancel the voter's application to vote by mail and vote on election
1-34 day. If the procedures authorized by this subsection are used,
1-35 they must be applied uniformly to all carrier envelopes covered by
1-36 this subsection. A poll watcher is entitled to observe the
1-37 procedures under this subsection. The secretary of state may
1-38 prescribe any other procedures necessary to implement this
1-39 subsection including requirements for posting notice of any
1-40 deliveries.
1-41 SECTION 3. This Act takes effect September 1, 2001.
1-42 * * * * *