By: Denny H.B. No. 29
A BILL TO BE ENTITLED
AN ACT
relating to the dates of certain elections, the procedures for
canvassing the ballots for an election, and the counting of certain
ballots voted by mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 41.007(b), Election Code, as amended by
Section 1, H.B. No. 2496, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(b) The runoff primary election date is the second [first]
Tuesday in April following the general primary election.
SECTION 2. Section 67.003, Election Code, as amended by
Section 17, H.B. No. 1695, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 67.003. TIME FOR LOCAL CANVASS. Each local canvassing
authority shall convene to conduct the local canvass at the time set
by the canvassing authority's presiding officer on[:
[(1) on the seventh day after election day for:
[(A) the general election for state and county
officers; or
[(B) an election of a political subdivision that
is held jointly with an election of:
[(i) a county; or
[(ii) one or more other political
subdivisions under an election services contract with the county
election officer; or
[(2) not earlier than the third day or later than] the
11th [sixth] day after election day [for an election other than an
election described by Subdivision (1)].
SECTION 3. Section 86.007(d), Election Code, as amended by
Section 24, H.B. No. 1695, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(d) A marked ballot voted by mail that arrives after the
time prescribed by Subsection (a) shall be counted if:
(1) the ballot was cast from an address outside the
United States;
(2) the carrier envelope was placed for delivery
before the time the ballot is required to arrive under Subsection
(a); and
(3) the ballot arrives at the address on the carrier
envelope not later than[:
[(A)] the fifth day after the date of the
election[:
[(i) the general election for state and
county officers; or
[(ii) an election of a political
subdivision that is held jointly with an election of:
[(a) a county; or
[(b) one or more political
subdivisions under an election services contract with the county
election officer; or
[(B) the second day after the date of an election
other than an election described by Paragraph (A)].
SECTION 4. Section 87.125(a), Election Code, as amended by
Section 30, H.B. No. 1695, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) The early voting ballot board shall convene to count
ballots voted by mail described by Section 86.007(d) at the time set
by the presiding judge of the board[:
[(1)] on the sixth day after the date of an election[:
[(A) the general election for state and county
officers; or
[(B) an election of a political subdivision that
is held jointly with an election of:
[(i) a county; or
[(ii) one or more political subdivisions
under an election services contract with the county election
officer;
[(2) on the second day after the date of a primary
election, at a time following the last mail delivery,] or on an
earlier day [or at an earlier time] if the early voting clerk
certifies that all ballots mailed from outside the United States
have been received[; or
[(3) not earlier than the third day or later than the
fifth day after the date of an election other than an election
described by Subdivision (1) or (2)].
SECTION 5. Sections 14, 16, and 42, H.B. No. 1549, Acts of
the 78th Legislature, Regular Session, 2003, are repealed.
SECTION 6. This Act takes effect September 1, 2003, if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect November 1, 2003.