By: Deshotel H.B. No. 2354
A BILL TO BE ENTITLED
AN ACT
relating to the time of the local canvass and the counting of
certain early voting mail ballots in certain elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 67.003, Election Code, 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:
(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 the general election for state and county
officers; or
(2) not earlier than the third day or later than the
sixth day after election day for an election other than an [the
general] election described by Subdivision (1) [for state and
county officers].
SECTION 2. Section 86.007(d), Election Code, 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:
(i) the general election for state and
county officers; or
(ii) an election of a political subdivision
that is held jointly with the general election for state and county
officers; or
(B) the second day after the date of an election
other than an [the general] election described by Paragraph (A)
[for state and county officers].
SECTION 3. Section 87.125(a), Election Code, 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 [on]:
(1) on the sixth day after the date of:
(A) the [a] general election for state and county
officers; or
(B) an election of a political subdivision that
is held jointly with the general election for state and county
officers;
(2) on the second [fifth] day after the date of a
primary [or special] 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 4. This Act takes effect September 1, 2003.