78S30007 DRH-D

By:  Nelson                                                       S.B. No. 9  



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, or 
immediately, whichever time is later, if this Act 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 at that time, this Act takes 
effect on the 91st day after the last day of the legislative 
session.