By: Denny, Madden, Howard (Senate Sponsor - Nelson) H.B. No. 1
(In the Senate - Received from the House September 17, 2003;
September 17, 2003, read first time and referred to Committee on
Jurisprudence; September 22, 2003, reported adversely, with
favorable Committee Substitute by the following vote: Yeas 4,
Nays 3; September 22, 2003, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1 By: Averitt
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 41.001(a), Election Code, as amended by
Section 14, Chapter 1315, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) Except as otherwise provided by this subchapter, each
general or special election in this state shall be held on one of
the following dates:
(1) the first Saturday in February;
(2) the first [third] Saturday in May;
(3) the second Saturday in September; or
(4) the first Tuesday after the first Monday in
November.
SECTION 2. Section 41.007(b), Election Code, as amended by
Section 1, Chapter 292, and Section 16, Chapter 1315, Acts of the
78th Legislature, Regular Session, 2003, is reenacted and amended
to read as follows:
(b) The runoff primary election date is the second [third]
Tuesday in April following the general primary election.
SECTION 3. Section 67.003, Election Code, as amended by
Section 42, Chapter 1315, and Section 17, Chapter 1316, Acts of the
78th Legislature, Regular Session, 2003, is reenacted and 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[:
[(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 eighth [third] day or later
than the 11th [sixth] day after election day [for an election other
than an election described by Subdivision (1)].
SECTION 4. Section 86.007(d), Election Code, as amended by
Section 24, Chapter 1316, 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 5. Section 87.125(a), Election Code, as amended by
Section 30, Chapter 1316, 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 6. (a) If the effective date of H.B. No. 3 as
enacted by the 78th Legislature, 3rd Called Session, occurs after
December 3, 2003, an application for a place on the ballot for the
2004 general primary election for the office of United States
Representative must:
(1) be filed with the appropriate authority described
by Section 172.022, Election Code, not earlier than the effective
date of this Act and not later than 6 p.m. on January 9, 2004; and
(2) relate to a congressional district as constituted
by H.B. No. 3.
(b) An application for a place on the ballot for the 2004
general primary election for the office of United States
Representative that does not meet the requirements of Subsection
(a) of this section is not valid.
(c) This section does not affect other requirements of the
Election Code relating to the validity of an application for a place
on the general primary election ballot that are not in conflict with
this section.
(d) This section expires January 1, 2005.
SECTION 7. This Act takes effect on the 91st day after the
last day of the legislative session.
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